It is a common misconception that living together means you will have the same rights as married couples when it comes to splitting property and other assets, particularly after a certain number of years. But many people do not realise that the term ‘common law husband/wife’ is a myth.
Our specialist cohabitation solicitors are highly experienced in advising clients in protecting their interests when cohabiting. If you are living together and not getting married, we can work with you to produce a cohabitation agreement to safeguard your interests.
A cohabitation agreement is a document you can agree when moving in together which will set out who gets what if the relationship later breaks down. The agreement can record each parties’ rights and responsibilities in relation to a property, financial arrangements during the relationship (including agreements for contributions and payment of any rent or bills) and what will happen to any assets or debts in the event of separation.
If you are planning to buy a house together rather than rent, you will also need a declaration of trust in addition to the cohabitation agreement to legally record your ownership of the property.
Is a cohabitation agreement legally binding?
A cohabitation agreement is legally binding provided the document has been drafted and executed properly and signed as a deed.
Why use Trethowans?
Our specialist team of family lawyers can advise unmarried couples in respect of all legal issues including advice on declarations of trust, cohabitation agreements and disputes and applications to the court in respect of the former family home.
We have a wide range of experience in handling sensitive cases with empathy and professionalism. We provide a high level of service to our clients always focused on protecting your interests and achieving a positive outcome.
The team are members of Resolution, which follows a Code of Practice to ensure that your personal circumstances are dealt with in the most dignified and constructive manner.
Our expert cohabitation solicitors are located in Salisbury, Southampton, Winchester, Poole, Bournemouth and London (by appointment only) and can help you to to protect your interests. We offer a free, no obligation initial consultation to help you consider your options. Please contact our family law team to arrange a free initial consultation by getting in touch here or call 0800 2800 421.
