What is a Cohabitation Agreement?

A Cohabitation Agreement is a written agreement between a couple who are already living together or are intending to live together. Generally, they will be needed when one person owns the property that the parties are going to live in and they may want the other party to contribute towards the monthly outgoings or even the mortgage but they might be concerned that if they were to separate then the other party could try to make a claim. They would not be able to make a claim against the legal title but they could claim a beneficial interest which is a financial interest, and so the person who owns the property might not want that to be possible.

Unlike when people are married, when people separate who have been cohabiting, how you can make a claim, if at all, is often is based on property law. It will also centre around evidence of intention with regard to the property, so what did the parties intend to do? Was it intended that one party, by making these contributions would actually acquire an interest in the property? A cohabitation agreement perfectly sets out what the parties intended to do, should the relationship break down.

The agreement can also make provision for other assets, such as bank accounts, even pets. It can set out how long someone will have to leave the property if they were to separate and so it is a really useful document. Often, fixed fees are available so it does not cost the earth to be able to have something in place that will give that certainty if couples were to separate and they were not married.

Here is a video recorded by Head of Family Law, Sharon Mckie:

If you would like further information, contact our Family team on 01302 341414 or fill out our online enquiry form.

We have further articles on our website relating to cohabitation agreements, here are … that you may find informative:

• Helping you with Cohabitation Agreements 
• Cohabitation – Joint Tenants or Tenants in common