Cohabitation Agreements

The law relating to unmarried couples is complex and often misunderstood. Anyone living together should seek legal advice on how to protect their interests. We can advise on:

OWNERSHIP AND OCCUPATION OF PROPERTY

If a home is held in one partner’s name, the other partner does not have the right to continue to occupy it. They may be able to claim a share of the proceeds of the property on a sale, however, depending on whether they have reached an agreement with their partner and whether they have contributed to the value.

For cohabiting couples, who jointly own property, the landmark case of Kernott and Jones is a cautionary tale! In this case a Judge decided that Mr Kernott still owned 50% of the property, even though he had moved out 17 years previously, without making any further contributions to the property or the mortgage.

We can draw up binding agreements to set out a couple’s financial responsibilities to each other and their shares in joint property.

FINANCIAL PROVISION

Unmarried partners have no rights for maintenance or capital sums from their partner on the relationship ending. The partner who cares for any child of the relationship can seek maintenance on the child’s behalf through the Child Support Agency. They may also be able to claim capital sums for the child’s benefit through the court.

INHERITANCE

An unmarried partner does not automatically inherit their partner’s estate. It is therefore essential that unmarried couples make mirroring wills to ensure that they have control over what happens to their estate once one of them passes.