Cohabitation Matters
Cohabiting couples in the UK often assume they have the same legal rights as married couples or those in a civil partnership. However, this is a common misconception. Unlike marriage, cohabitation does not automatically grant legal protection in the event of separation, financial disputes, or the death of a partner. Without a legally binding agreement, cohabiting partners may face significant challenges in areas such as property ownership, financial support, and parental rights.
At Sterling Law, we understand the complexities of cohabitation law and provide expert legal advice tailored to your unique situation. Whether you are planning to move in together, need clarity on financial arrangements, or are facing a dispute following a separation, our experienced cohabitation solicitors can help.
What is Cohabitation?
Cohabitation refers to a relationship in which two people live together as a couple without being married or in a civil partnership. Unlike spouses, cohabiting partners do not have automatic legal rights over shared property, financial assets, or inheritance. While cohabitation is becoming increasingly common in the UK, many couples are unaware of the legal implications that can arise when the relationship ends or if one partner passes away. Seeking legal advice can help protect your interests and prevent future disputes.
What Rights Do Cohabiting Couples Have?
In the UK, there is no such thing as a ‘common-law marriage.’ Cohabiting partners do not have automatic legal rights over shared assets or financial support after a relationship ends. This can lead to unexpected complications, particularly in the following areas:
- Property ownership. If a home is owned by one partner, the other has no automatic rights to it, regardless of how long they have lived there. Even if contributions were made towards the mortgage or renovations, they may not have a legal claim without proper documentation.
- Financial support. Unlike spouses, cohabiting partners are not entitled to financial maintenance from each other after separation, no matter how long they have been together.
- Inheritance and wills. If one partner passes away without a will, the surviving partner may not automatically inherit their estate, as the rules of intestacy do not recognise unmarried couples.
- Parental rights. While mothers automatically have parental responsibility, fathers only have it if they are named on the birth certificate or have obtained legal recognition.
Given these limitations, it is crucial for cohabiting couples to take legal steps to protect their interests.
Legal Issues Surrounding Cohabitation
Unlike married couples, cohabiting partners do not automatically acquire rights to property, pensions, or financial support upon separation. Disputes can arise over property ownership, financial contributions, and parental rights, making legal clarity essential. Our solicitors can assist with:
- Cohabitation agreements – a legally binding document outlining financial arrangements, property ownership, and responsibilities to protect both partners.
- Property disputes – assistance in determining legal ownership, beneficial interest claims, and disputes over property division.
- Financial contributions – advice on financial obligations, contributions to mortgages, and rights concerning joint assets.
- Children and parental rights – support with parental responsibility, child arrangements, and financial support matters.
- End of relationship – if the relationship ends, there may be issues related to how to divide property, finances, and other assets. There may also be disputes over custody of children and other matters.
Creating a Cohabitation Agreement
When you decide to enter into a cohabitation agreement, it’s important to work with a qualified attorney who can help you create a legally binding agreement that reflects your wishes and protects your interests. Sterling Law can help you create cohabitation agreements that protect you and your partner’s property and rights, and help you navigate trust and land law, which ultimately decides how property is divided otherwise
Why Choose Sterling Law?
At Sterling Law, we are committed to providing clear, practical legal solutions for cohabiting couples. Our experienced solicitors specialise in family law and will work with you to protect your rights, whether through legal agreements, negotiation, or court representation.
By seeking legal advice early, you can safeguard your financial and personal interests, reducing the risk of costly disputes in the future.
For expert guidance on cohabitation matters, contact Sterling Law today. Our dedicated legal team is here to help.
