Cohabitation agreement solicitors

If you are unmarried and living with your partner in a home you either both own, or one of you owns, then you are seen as cohabiting.  There is a common misconception that cohabiting couples enjoy similar rights that married couples would have on separation.  The notion of a common law partner is a legal fiction and the fact that you have been living with your partner as if you were married to each other will not necessarily give you any rights in relation to the property you have been living in if you separate.

While you may not be thinking the time will come when you do go your separate ways, it is important that you consider what could happen in this situation, as none of us know what the future holds.

As the rights that cohabiting couples do have if you separate are limited, one way to ensure that you have what is rightly yours returned to you is to draw up a cohabitation agreement, either at the beginning or during your relationship.  This can explain exactly what assets are held between you and how these are to be divided upon your separation.  Such an agreement is essential if your name is not on the deeds of the property or if you have not contributed towards the purchase price or mortgage payments, as in this situation legally you are unlikely to be able to make a claim on the property.

What do I do if I don’t have a cohabitation agreement?

In the absence of such an agreement, if you have recently separated from your partner we can discuss your options with you.  These will be different if you jointly owned the property with them, or if they were the sole owner of the property.

We can explain your position regarding contents and possessions within the home, arrangements for your children, and the importance of making out a Will if you’re cohabiting.

To make your first appointment to discuss drawing up a cohabitation agreement, call us on 023 8071 7431, email familyenquiries@warnergoodman.co.uk or fill in the enquiry form.

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