News & Insights

If you are one of this growing group of co-habiting households in the UK  do you know your legal rights?

Unfortunately, and contrary to what many believe, the UK legal system at the moment does not give the same rights to co-habiting couples as those who are married, and there is no legal significance to the term “common law” wife or husband so you should make sure that your rights are protected should one of you die or the relationship breaks down.

How can you protect yourself?

Make a Will.

Do not make assumptions about what will happen to your Estate when you die and make sure you have a Will in place, as if you are not married, your partner may not receive anything. Make sure it is drafted with all the correct details and is updated when any changes in your life happen that may affect it, for example, the birth of children and purchasing new property.

Prepare a Cohabitation Agreement

A cohabitation agreement is a legally binding document that covers each partners obligations towards one another in relation to property, contents of that property, financial provision, personal belongings, savings and other assets, should things go wrong. This may be used to supplement a Declaration of Trust to show how any jointly owned home is to be shared and what should happen to each partner’s share upon the death of either one of them whether passing under the terms of a will or by survivorship to the surviving partner.

A Cohabitation Agreement may also assist cohabitees in relation to the day to day financial running of their home, for example, stating what financial contribution each party makes with regard to mortgage repayments as well as utility bills, maintenance and improvements to the property and whether those contributions will affect each partner’s share in the property.

Having these legal documents in place may ultimately save you lots of lengthy and complex paperwork and time, not to mention financial savings, should a relationship break down.

Contact us

If you would like to speak to one of our experts about making a Will, please contact a member of the Wills, Probate, Trusts and Tax team today.

If you are interested in finding out more about Cohabitation Agreements, please contact one of our Family Law experts today.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.