What rights do cohabiting couples have?

Did you know that under the current law, if you and your partner are not married or in a civil partnership, there is very limited legal protection regarding your home or financial support if your relationship comes to an end?

Your position is very different from that of a married couple or civil partners, even if you have lived together as a couple for many years and have children. When married couples or civil partners separate, a Court would consider many factors to ensure a fair outcome. Couples who are simply cohabiting do not have the same rights.

This lack of protection can affect many areas of your life, including your home, your share of the finances and your rights if your partner dies, and you could be left in a very difficult and unfair position.

Your home if you separate

If you move into a property belonging to your boy/girlfriend, you will not acquire a share in that property merely by living in it for a period of time, even if you pay for the food or pay the utility bills. If you split up, you could find that you have no share in the home you have lived in for years.

Even if you have contributed to the property or your partner led you to believe that you had an interest in it, if you want to receive a payment from it but they do not agree, you would need to issue court proceedings and ask the Court to decide what share you have, if any. The Court has a broad discretionary range of powers, and when considering your claim would take into account such matters as the intention of the property owner, the purposes for which the property was owned, and the welfare of any minor children. There would be no certainty about the outcome, and the process can be expensive and take a long time, but this might be your only way of getting anything back.

Financial support

Whether you are still together or have separated, your partner has no obligation to support you and provide for you financially, even if you have lived together for many years or, for example, the two of you agreed that you would give up your career to look after children or relatives while your partner continued to work.

If your partner dies

On the death of a partner, a cohabitee has no automatic entitlement to any property or possessions belonging to the deceased. Even if they lived with their partner for decades, without their name on the deeds they could lose their home and have no right to any of the proceeds of its sale.

A cohabitee may, in certain circumstances and provided they are within the required time period, be able to claim against their deceased partner’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 if the deceased’s Will or, if there is no valid Will, the rules of intestacy do not make reasonable financial provision for them. Again, this may involve issuing Court proceedings, with no guarantee as to the outcome.

WHAT YOU CAN DO

If you and your partner have separated or your partner has died, and you find yourself in any of the situations above and would like to know your options, please get in touch. It is wise to seek legal advice as soon as possible and find out what is best for you and your family. Burtons can advise you and help you with whatever you need to do.

Alternatively, if you and your partner are together, or are about to set up home, there are things you can do to help protect your position.

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Cohabitation Agreement

This is a written document, often signed as a deed in front of witnesses, that sets out what you and your partner have agreed about matters such as who owns what, the financial arrangements you have decided to make while you are living together, and how everything is to be divided if you ever split up.

Although the agreement would not be absolutely binding and enforceable, if it is correctly drawn up, the terms are fair and reasonable, you had each taken your own independent legal advice, and you entered into the agreement fully aware of the facts, circumstances and implications, a court is more likely to uphold the agreement in the event of a dispute.

A cohabitation agreement could also help to avoid a dispute arising in the first place, before you even need to consider Court proceedings, as you would both have a clear written record of your agreements and intentions. A carefully drafted cohabitation agreement can therefore mean that areas of potential dispute are reduced or even eliminated. They can also be very useful even if you never split up as making a cohabitation agreement will give you the chance to think and talk about how living together is going to work financially, meaning that arguments about money are less likely later on.

It is possible that the law might change in the future to give cohabitees specific rights. It is therefore advisable to keep any existing agreement under review and to take legal advice to make sure that it is up to date, particularly if your circumstances change, for example if you move house or have children.

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Declaration of Trust

This document sets out how the property is owned and in what shares, and records what is to happen if you split up. If you are buying a property together but not contributing equal shares, a declaration of trust can provide for each person to get back a fair portion of what they have put into the property when it is sold. For example, if one partner’s parents provide a loan for the deposit, a deed of trust can record this contribution and ensure they are paid back if the couple splits up and they sell the home.

Will

To avoid the intestacy rules applying, you could each make a Will, setting out exactly how your estate is to be distributed on your death, and who will deal with this (your executors).

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Need Help?

If you’d like to explore your options or receive tailored advice for your situation, please fill out our enquiry form here to request a consultation with our team.

If you’re not ready to speak to a solicitor yet, you can also download our free, printable checklist for cohabiting couples, designed to help you understand key legal considerations and prepare the right questions.

Alternatively, you can contact us by phone on 01892 824577.

We advise clients across Kent, East Sussex and London, with offices in Pembury (Tunbridge Wells), Bexley, Walderslade, Chatham and Hailsham.

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Our team is here to support you and help you take the next step with confidence.