Pearson Hinchliffe Solicitors - Professional Understanding - Advising - Supporting - Delivering

Resolving the Legal Problems of Cohabitation

Couples in cohabiting relationships do not have the legal rights of married couples. A Cohabitation Agreement supported by a Will would be highly recommended.

Daniel Prince, Family Partner at Pearson Hinchliffe Solicitors LLP, says that people considering moving in with a partner or buying a house together should seek the advice of a solicitor before undertaking such a significant life step.

Daniel Prince says:

“Cohabiting couples need to understand and, if need be, protect their position in what is a complicated area of the law.”

Daniel Prince points out that unmarried couples are often caught out because of the mistaken belief that they would have the same protection as married couples after a period of cohabitation; this is not true and there does not appear to be any immediate prospect of laws being introduced to provide such rights for cohabiting couples.

Speaking to a solicitor is vital

Family solicitor Mr Prince adds:

“Whilst it is not very romantic to do so, couples entering in to a relationship or property ownership should at that stage consider what they would wish to happen in the event that their relationship broke down, in particular with regard to resolving arrangements for any children of the relationship and to deal with their property.

The law treats unmarried partners very differently to those who have married and therefore cohabiting couples require specialist legal advice whether at the beginning or end of a relationship.”

The hard facts are that, although Cohabiting relationships are more popular than ever, they are not as stable as traditional marriages. A study done in 1995 found that in the mid-1960s only five per cent of single women lived with a man before getting married. By the 1990s, about 70 per cent did so. However, on average, cohabitations lasted less than two years before breaking up or converting to marriage. Less than four per cent of cohabitations lasted for ten years or more.

Members of Resolution

Mr Prince firmly believes that speaking to a solicitor prior to living together, or even prior to breaking up, will save a lot of potential upset, expense and delay, especially if that solicitor is a member of Resolution, whose members are trained to deal with matters in a constructive and non-confrontational way.

Cohabitation Agreements

Few people realise that the deeds to the property can be drawn up in a way to reflect the different contributions of the parties and therefore to adjust the proportions that the property is to be held.

Couples can even enter in to a Cohabitation Agreement (also known as a “living together agreement”) where the financial terms of the relationship can be agreed and also what would happen with the assets if the relationship ended. If such a document is properly drafted by a good solicitor then it will almost certainly be to the benefit of both parties and will prevent the dispute having to be litigated upon in the worst case scenario of future separation.

Solicitors can also give advice with regard to issues relating to children and also the need for cohabitants to consider the preparation of Wills, as cohabiting couples are not recognised as the next of Kin under the current intestacy laws and thus, the estate does not automatically pass to the surviving partner, and they may be liable to pay Inheritance Tax on any assets passed on. A professionally drawn Will and Cohabitation Agreement would provide legal protection.

Contact a Family Solicitor

To speak to a family solicitor about cohabitation rights, or to book an appointment, please contact us using the details below.