Navigating the legal rights of cohabitees

In contemporary society, the landscape of relationships has evolved beyond traditional marital bonds, giving rise to cohabitation as a prevalent lifestyle choice. Cohabiting couples, or cohabitees, form partnerships without the formalities of marriage, creating a unique set of legal considerations. As individuals increasingly choose cohabitation as a viable alternative, it becomes imperative to explore and understand the rights and responsibilities that accompany such unions.

Legal rights of cohabitees on separation

Upon separation, unlike married couples, there is no obligation to financially support each other where you have not been married.  Many of the remedies available to married couples, are not available to cohabitees on separation.

What will happen to the property on separation?

When parties purchase a property together, both parties’ names will appear on the title deeds. It is possible to hold the property as either “joint tenants” or “tenants in common”. Where the property is held as joint tenants, both parties are entitled to 50% of the equity and if one party dies, the survivor will automatically receive the whole of the property. However, where the property is held as tenants in common, the parties can own the property in separate shares and these can be unequal shares (ie 60/40) and you can deal separately with your share upon death by making a will.

Claims against property can be relatively straight forward where the property is held in joint names. Where only one party owns the property, the other may still be able to make a financial claim; however, they would need to prove a beneficial interest in the property and would have the burden of proof. This is not as clear cut as holding the property jointly. Therefore, to make it easier, should the relationship breakdown steps should be taken to protect your interest.

Steps to take if you are cohabitees

You can either enter into a Living Together Agreement which will set out both parties’ intentions, Declaration of Trust, this will clarify ownership, make a will or enter into a Separation Agreement which will formally record any final agreement upon separation.

Where parties have been engaged, it is also possible to make an application under The Married Women’s Property Act, and where there are children, possibly under the Children Act 1989. It is important to obtain legal advice, therefore as to any relevant claims you may have when a relationship ends between cohabitees.

How can Taylor Bracewell’s Family team assist cohabitees?