Cohabitation

The family law solicitors at Evolve Family Law are regularly consulted about common law marriage rights by unmarried partners and former cohabitees. In this article, we look at the myth of common-law marriage.   Contact Evolve Family Law Today for Cohabitation Law Advice.   What is common law marriage? Legally, there is no such thing as a common-law marriage. Common law marriage is a myth. In English family and property law, common law marriage is not a legally recognised concept. If you are cohabiting with an unmarried partner, you do not get rights as a cohabitee if you view yourself as being in a common-law marriage with your partner. An unmarried relationship does not become a common law marriage because of the number of years you have been living together. You do not get common law marriage status whether you have been in a cohabiting relationship for 2 years or 20 years.   Cohabitation rights If you don’t get cohabitation rights through common-law marriage, how do you get cohabitation rights? Family agreement solicitors say there are ways to get rights as an unmarried partner, but it is best to understand how you can get those rights before you: Move in with your partner. Have children together. Rule out getting married or entering a civil partnership. Buy a property together. Make significant property, pension or financial decisions. Make a Will. Unfortunately, too many unmarried couples only find out about their cohabitation rights (or lack of them) after they split up with their partner.   Getting rights as an unmarried partner As an unmarried partner, your cohabitation rights can come from: Joint property ownership – you can jointly own property either as tenants in common or joint tenants. The way you own property can significantly impact what happens to it if you split up or if one of you passes away. That’s why it is best to take family law legal advice before you jointly buy a property as an unmarried couple. Sole property ownership – you can claim a share of a property even if it is owned in the name of your partner. A claim can potentially be made under property or trust law if you can show that you have an equitable interest in the property. A cohabitation agreement or deed of trust – if you reach an agreement with your partner, either at the outset of your relationship or during it, you can set out your agreement and rights in a cohabitation agreement (or deed of trust if the agreement relates solely to a specific property). If you have dependent children with your unmarried partner, you may also have the right to claim: Child support through the Child Maintenance Service or through the family court if the Child Maintenance Service does not have jurisdiction, or if the Child Maintenance Service has made a maximum assessment under their child support formula. If the Child Maintenance Service makes a maximum assessment, you can apply to the family court for top-up maintenance. Lump sum payment to meet a child’s specific needs. Housing for the child whilst the child is dependent – this type of housing provision ends when the child is age 18 or 21. School fee payments if your child is being educated privately. Disability-related extra costs of caring for a child with a disability. The bottom line is that, however long your unmarried relationship lasted, you do not have the same legal rights as a civil partner, husband, or wife. For example, as an unmarried partner, you cannot claim: A share of the family business – unless you are a shareholder or a business partner, or you can successfully argue that ownership of all or part of the business was held in trust for you. A share of your partner’s pension. Spousal maintenance. A share of investment portfolios held in your partner’s sole name unless you can argue that the investments were held in trust – something that is very hard to do.   Disputed cohabitation rights In cases involving unmarried partners, the family court must follow property and trust law to resolve disputes over ownership. If you are married or in a civil partnership, the family court looks at a range of statutory factors to achieve fairness. That’s why in divorce proceedings, the court can exercise a lot more discretion, and there is less likelihood of one partner walking away with nothing after a long relationship. If you are engaged to marry or married and you do not like the idea of the family court having such a degree of flexibility in divorce financial settlement proceedings, you can either sign a prenuptial agreement or a postnuptial agreement to record how family assets should be split if you separate.   You might also be interested in [related_posts]   Cohabitation rights and estate planning If an unmarried partner dies without making a Will (intestate), the surviving cohabitant has no automatic right to their partner’s estate. The surviving partner could claim a share of the deceased’s estate, but this would involve court proceedings against the deceased’s relatives who inherited the estate under the intestacy rules. To succeed in a claim, the claimant needs to show that the intestacy rules did not make reasonable financial provisions for them as an unmarried partner. This is why it is vital that if you are in an unmarried relationship, you and your partner make a Will and carry out estate planning.   Protection for you as a cohabitee Family lawyers understand that financial hardship due to the breakdown of a cohabiting relationship is a realistic possibility. In many cases, the hardship results from property ownership decisions made by the couple during the relationship. If a married couple make the same property ownership decisions during their marriage, the family court has the discretion and power to make orders that it thinks are fair to both husband and wife or both civil partners. In a non-married relationship, a family judge does not have the same degree of flexibility. In cases involving cohabiting couples, the court must divide the property or assets of an unmarried couple based on property and trust law rather than housing or other needs. The best option for cohabitants concerned about property issues and protection if they split up from their partner is to sign a cohabitation agreement. This document is a form of contract that outlines a couple’s decisions regarding what will happen to their property upon separation. It works like a prenuptial agreement, and if appropriately drafted by a specialist family lawyer, should be upheld by a court. The cohabitation agreement should be accompanied by both cohabitees signing Wills and Lasting Powers of Attorney. If you need advice on a cohabitation agreement or need legal advice after separating from your cohabitee, Contact Evolve Family Law Today for Cohabitation Law Advice.  

Although society has changed toward unmarried relationships, the law on Wills and estate planning hasn’t kept pace. That’s why if you are in an unmarried relationship, it is essential to understand why you and your partner each need a Will.   For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.   Wills and unmarried relationships If you are in an unmarried relationship, the law says that on your partner’s death: If your partner dies without a Will and intestacy rules apply, then as an unmarried partner, you do not get a share of the estate. That means you could be left with nothing unless you can make a court claim against the estate. As an unmarried partner, you can only bring a claim against the estate of a partner if your partner died intestate without leaving a Will, or they left a Will, but reasonable financial provision was not made for you in the Will, and you fall within one of two categories. These are a person who, for two years before the death of your partner, was living with the deceased as spouse or civil partner, although not married, or if you were being maintained by the deceased before the deceased’s death. That means to bring a claim as an unmarried partner, you either must prove a two-year relationship or dependency on the deceased. The estate cannot claim any married relationship-specific inheritance tax or capital gains tax exemptions or allowances.   Wills and married relationships When it comes to Wills and married relationships, unless you are a private client solicitor or have had advice from one, you probably won’t appreciate just what a difference a piece of paper makes, namely your marriage or civil partnership certificate. If your relationship has the legal status of marriage or civil partnership, then as a spouse or civil partner, you have: Intestacy law rights if your husband, wife or civil partner dies without leaving a Will, and The right to bring a claim against your husband, wife or civil partner’s estate if they leave a Will but the Will does not make reasonable financial provision for you, and Inheritance tax concessions as a spouse or civil partner, and Capital gains tax exemptions on transfers between spouses and civil partners.   Common law spouses and Wills As cohabitation is an increasingly popular form of relationship, and because many adults in the UK don’t have a Will, many people in unmarried relationships will be left in a financially vulnerable position on their partner’s death. Some people assume that they won’t have this problem as they are a ‘common law’ husband or wife, or because they have been in a relationship with their partner for over three or five years. These are all myths. There is no legal concept of a common law husband or wife. In law, you are either treated as married or unmarried.   You might also be interested in [related_posts]   What happens if my unmarried partner dies without leaving a Will? If your unmarried partner dies without making a Will, then their estate will pass under intestacy provisions. These are set out in statute. The intestacy rules say that the deceased’s estate will pass to: The deceased’s child, or if there is more than one child, the estate will be shared equally between the children (or their descendants). The child or children (or grandchildren) can get their inheritance when they reach the age of eighteen, or If the deceased doesn’t have any children or grandchildren, then their estate will pass to their parents, or if the parents have already passed away, to any siblings, or, if none, to more distant relatives. The intestacy rules can be challenged if you were in a cohabiting relationship for at least two years, or you were financially dependent on your partner, but that means court litigation against your children or your partner’s relatives.   What happens if an unmarried partner makes a Will? A Will sets out who should receive an estate or be left a gift out of the estate. If your partner leaves their estate to you, then the Will makes things a lot less complicated and far less stressful. Instead of having to make a court claim, you are entitled to the estate or gift. A legacy can only be challenged if another person successfully brings a claim against the estate. For example, saying the deceased did not have the capacity to make the Will at the time that the Will was executed because of a dementia diagnosis. Will solicitors say that if you are in an unmarried relationship, it is best to have a conversation with your partner so that you both know where you stand and to make a Will so that you and your family are protected in case your unmarried relationship is sadly brought to an end by the death of your partner.   Manchester and Cheshire Will solicitors For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.

Our family law solicitors encounter several situations in which parents, grandparents, or extended family help a loved one with a deposit for a first or new family home. In this article, our family law solicitors offer guidance on how to protect a gifted deposit. For expert advice call our team of specialist divorce and estate planning lawyers or complete our online enquiry form. What is a gifted deposit? A gifted deposit is where a friend or family member provides all or part of the deposit for the home you are buying. It may be your first home, relocating or upsizing with the arrival of children or trying to get back to home ownership after a separation or divorce.   An alternative to a gifted deposit is a family loan. A loan agreement can state whether interest is payable and either give a specific repayment date or state that the loan must be repaid when the property is sold. Gifted deposit or family loan? A home buyer needs to know if they are receiving a gift or loan because of the mortgage and tax implications. If you are buying with a mortgage, the mortgage company may not agree to lend you the amount required unless the deposit monies are gifted rather than lent. Some mortgage providers are happy to lend if your family or a friend is providing the deposit so long as the family money is protected by a second charge that ranks behind the mortgage provided by the mortgage lender. If extended family are giving you money as part of their estate planning and inheritance tax strategy the plan will not work unless the money is gifted rather than loaned. There may also be tax implications under current inheritance tax rules if the family member dies within seven years of giving you the money. If money is given, rather than lent, the giver does not retain any control over the money once it has left their hands. The extended family cannot legally insist the money is returned if they later find that they need extra cash or if there is a family fallout. These are considerations to be discussed with your family with the help of an estate planning solicitor. [related_posts] Who is the recipient of the deposit gift? If you are buying a house with a partner, fiancée, husband or wife you need to know if the gifted deposit is a joint gift or not. Whether the gift is joint or not you need a relationship agreement if you are buying a property jointly with a partner. The type of agreement you need depends on your relationship status: Unmarried – a cohabitation agreement  Engaged to be married or to enter a civil partnership – a prenuptial agreement  Married – a postnuptial agreement  In a civil partnership – a civil partnership agreement  The agreement is between you and your partner and should record whether the gift is a joint one or not and what happens to the family home and the equity if you split up. What’s fair will depend on your financial and personal situation. For example, your family may have provided the gifted deposit but as your partner earns more than you, they will be paying a greater share of the mortgage payments. For example, both your families are gifting you money for the deposit but in unequal amounts. A family law solicitor can help you work out what should go in your relationship agreement so that it feels fair to both of you and gives you both peace of mind. In addition, it should give your family confidence that you are respecting their deposited gift and sensibly protecting their family money. If your circumstances change the relationship agreement can be reviewed and changed. For example, you may decide to get married, to have children or to extend the property. Any significant life event could prompt a review.  Gifted deposits and divorce  If you are buying a property on your own after a divorce with a gifted deposit you need: A financial court order (preferably a clean break) order with your ex-spouse  A relationship agreement if you go on to form a new relationship and your new partner spends time at your property even if their name is not on the title deeds or mortgage   Does a relationship agreement protect a gifted deposit?   Legal & General has carried out some research on trends in family gifting. 57% of mortgaged buyers buying a first home in 2020 received financial help from their parents or family members. By 2024, around 335,000 property purchases proceeded with the help of family money. With the significant rise in property prices and gifted deposits, it isn’t surprising that parents, grandparents and extended family want to know if relationship agreements work and if their gifted deposit is protected or is shared with your partner or spouse if you split up after buying the house.   The answer to whether a relationship agreement works depends on a few factors: The status of your relationship – if you are unmarried a cohabitation agreement is binding providing safeguards are met. If you are engaged to marry or married a prenuptial agreement or postnuptial agreement will carry weight in any future divorce provided the terms are fair and meet reasonable needs and safeguards when drawing up the agreement were met How the agreement was drawn up  What the agreement says  Speaking to a family law solicitor will help you understand the safeguards a cohabitation agreement or prenuptial agreement offers to both you and the family member gifting the money to you.  It is best to talk to a family law solicitor before you talk to your partner about a relationship agreement. That’s because your solicitor will discuss a range of options of what goes in the agreement and how best to protect the gifted deposit. It is therefore wise to understand those options rather than have one fixed idea of what your agreement should say from one discussion with your spouse or partner.  Our friendly family lawyers aim to provide a relationship agreement solution so your parents, grandparents, extended family or friend feels confident in gifting you money to buy a property whilst protecting your interests and providing a fair and equitable agreement between you and your partner. For expert advice call our team of specialist divorce and estate planning lawyers or complete our online enquiry form.

Cohabitation rights are in the news as many family law solicitors expected the new Labour government to include a Bill on cohabitation rights in the King’s speech. There was no announcement although in its manifesto the Labour party pledged to reform cohabitation law with rights for unmarried partners. Although law reform may be on the cards in future King’s speeches cohabitees will have to wait for change. That’s why in this blog our family law solicitors are looking at the current laws on cohabitation and your options if you are in an unmarried relationship. For expert family law advice call our team or complete our online enquiry form.  What are your rights as an unmarried partner?     Your cohabitation rights as an unmarried partner depend on whether you have children under the age of 18 who are dependent on you. If you don’t have children your cohabitation rights are linked to property and trust laws. If you do have children your rights also include the ability to apply for financial orders under the Children Act 1989 and for child support from the Child Maintenance Service. Property and trust rights Property and trust rights can apply to the family home, investment property, a second home or other assets. The property can be owned jointly with your partner, owned by your unmarried partner or by you in your sole name. The easiest way to sort out a property claim is where there is a jointly owned property and the couple has given thought to whether they own the property as joint tenants or as tenants in common and have signed a deed of trust or cohabitation agreement saying how the equity will be split if they separate. The hardest cohabitation rights cases to resolve are where the family home is owned by one partner and the other says they have a beneficial interest in the property relying on property or trust law because they did not sign a cohabitation agreement when they moved into the property or when the property was bought in the sole name of their partner. In property and trust cases the partner claiming a share of the family home needs to show that they have a beneficial interest in the property through promises made by their partner or financial or ‘money’s worth’ contributions. For example, the partner could have paid the mortgage or used an inheritance to pay for an extension to the property or done DIY and put in a new kitchen and bathroom. In some cases, the owning partner accepts that their unmarried partner has a beneficial or non-legal interest in the family home but they cannot agree on the amount the non-owning partner should be paid to ‘buy off’ their interest or what percentage of the equity they should get when the property is put up for sale when a couple split up. If an agreement cannot be reached through solicitor negotiation or family mediation the court must resolve the cohabitation dispute using property and trust law principles. [related_posts] Resolving cohabitation disputes   It can be hard for couples to resolve unmarried partner disputes for several reasons, including: The legal owner of the property does not accept that someone can claim a share of their property as the non-owning partner is not on the title deeds One unmarried partner does not accept that their share of the equity in the family home won't be worked out using principles of fairness and needs. If you are married the court has wide discretion under the Matrimonial Causes Act 1973 to make a financial court order based on both parties' needs rather than analysing property and trust law. The family court must adopt the opposite approach in a cohabitation dispute over a family home A cohabitation property dispute often involves looking at historical paperwork to see how much of the mortgage was paid by the claimant or in working out the cost of the extension when many of the trades were paid in cash or invoices have been mislaid One partner may think that they have acquired cohabitation rights as a common law husband or wife because of the length of their relationship. In English law, there is no concept of common law cohabitation rights     Family law solicitors always recommend a cohabitation agreement so there is less scope for a dispute over cohabitation rights and no need to go to court if you split up from your unmarried partner. Cohabitation rights if there are dependent children   If there are dependent children in an unmarried relationship then you may have parenting arrangement disputes as well as financial disputes. Parenting arrangement disputes include: Disputes over which parent the children should live with after the separation  Contact arrangements Applications for child arrangement orders to sort out residence and contact issues Disputes over the exercise of parental responsibility, such as religious observances or choice of school International family issues, such as one parent wanting to move overseas with the children and the other parent objecting to the move abroad Financial disputes include: If child support should be paid and the amount. If care is shared neither parent receives child support even if one parent earns more than the other. If child support cannot be agreed an application normally needs to be made to the Child Maintenance Service. The Child Maintenance Service assessment amount will depend on the average overnight stays the children have with the parent they don’t live with    Top-up child support through a court order. This is only relevant where the parent paying child support is a high-earner  School fee orders to pay for private school fees. The court can order one parent to pay all the fees or a proportion of them Requests for lump sum orders to meet the needs of dependent children. For example, if the child is musical and needs a musical instrument  Requests for housing for children whilst the children are still at school or university. If the court orders housing to be provided the property does not belong to the child or the parent living in the property with the child. A Schedule 1 Children Act order means the child and parent can live in the property until the child reaches a specified age and the other partner then gets to sell the property or do what they want with it Cohabitation rights and the death of a partner If an unmarried partner passes away then their cohabitee is not their legal next of kin. Their children will be or the situation will be more complex if the deceased partner also had children from a prior relationship or is survived by parents or siblings. Anyone in a cohabiting relationship should have a Lasting Power of Attorney in case they lose the capacity to make their own decisions. They also need a Will to protect their partner. Without a Will, the cohabitee could make a claim under intestacy rules but the process is stressful at a time of bereavement and might involve an estate dispute with step-children or with the cohabitee’s parents or siblings. You should not assume that a cohabitee will automatically get the family home as this only applies if the property was jointly owned as joint tenants rather than as tenants in common.  The complexities of cohabitation rights and the death of a partner can be resolved with a bespoke Will and a review of your financial and personal circumstances to check that any pension or insurance nominations are up to date. Next steps  If you are in a cohabiting relationship you need to speak to a family solicitor about a cohabitation agreement. You can sign one even if you have already bought a property and are living together. You also need to think about Wills and Lasting Powers of Attorney. If you are separating from a partner and you are not married it is vital to talk to a family law solicitor about your rights as an unmarried partner so your interests can be protected. For expert family law advice call our team for an appointment or complete our online enquiry form. 

At Evolve Family Law our family law specialists are members of Resolution, an organization of family justice professionals in the UK.   This week is Resolution’s Awareness Week.  For expert advice on family law call our team of specialist lawyers or complete our online enquiry form.   Resolution Awareness Week  In recent years, the Resolution dialogue surrounding divorce has shifted from a conventional narrative of separation to a more nuanced exploration of relationships and their legal underpinnings.   Once known as Good Divorce Week, an initiative spearheaded by Resolution, the annual event traditionally aimed to promote amicable separations. However, this year the Resolution Awareness Week marks a significant pivot, redirecting attention toward cohabitation and its intersection with UK family law.  A focus on all relationships   Resolution has long been at the forefront of advocating for constructive approaches to divorce. However, recognizing the evolving landscape of relationships in the UK, the focus has expanded beyond divorce to encompass the dynamics of cohabitation.  The renaming of the awareness raising event from Good Divorce Week to a more encompassing theme signifies a broader perspective that goes beyond divorce itself. This shift acknowledges that relationships come in various forms and that understanding the legal implications of cohabitation or the nuances of LGBTQI+ relationships is just as crucial as navigating the complexities of divorce.  Cohabiting relationships   Cohabitation, while increasingly prevalent, lacks the legal structure and statutory protections that marriage or civil partnership offers. This change in focus by Resolution during what was once Good Divorce Week represents a pivotal moment in acknowledging the need for clarity and legal recognition for individuals in cohabiting and non-traditional relationships.  The Resolution awareness campaign aims to dispel misconceptions surrounding cohabitation and educate individuals about their legal rights and responsibilities.   Central to this initiative is the spotlight on the absence of automatic legal protection for cohabiting couples in the event of separation. Resolution wants to highlight the importance of seeking legal advice and making sure cohabiting couples enter into cohabitation agreements.  [related_posts] The call for cohabitation reform  Resolution's initiative aligns with ongoing discussions within legal circles advocating for reforms that bridge the gap between marriage and cohabitation in terms of legal rights. The goal is to ensure that individuals in cohabiting relationships have access to legal protections and equitable resolutions, akin to those in marital unions. That is becoming increasingly important with the rise in cohabitation. In 2021 there were reportedly 3.6 million cohabiting couples.   By extending its focus beyond divorce, Resolution's initiative reflects a holistic approach to relationships and family law. It serves as a platform to address the evolving nature of partnerships and strives to create a more informed, fair, and supportive legal landscape for all individuals, irrespective of their relationship status.  Evolving family law  In essence, the evolution of Good Divorce Week into a broader exploration of cohabitation within UK family law signifies a progressive step toward acknowledging the diverse forms of relationships. Through education, advocacy, and potential legal reforms, this initiative aims to ensure that individuals in cohabiting relationships are empowered and protected within the legal framework, fostering a culture of understanding and fairness in modern relationships.  How Evolve Family Law can help you   At Evolve Family Law our specialist family lawyers can assist you with all your family law needs if you are in a cohabiting relationship, including:  Cohabitation agreements  Declarations of trust  Children law and parental responsibility advice  Cohabiting relationships and claims on separation    Financial and property claims   Children financial claims for child support, school fees or assistance with housing dependent children    Wills for cohabiting couples  Lasting Powers of Attorney   Estate claims and inheritance disputes advice if you are a cohabitee who was not included in your partner’s Will or need to make a claim because you are not classed as a relative of your loved one under intestacy rules    It is best to talk to one of our solicitors about your cohabitation rights before you find yourself really needing an expert lawyer. For example, understanding property ownership and your rights under a cohabitation agreement could avoid expensive court proceedings if you split up from your cohabitee. For example, understanding that if your partner does not make a Will, you will not inherit anything under intestacy rules may encourage both you and your cohabitee to sign Wills and do some estate planning to protect your family.   We can help you resolve property-related or children focussed cohabitation disputes through:  Solicitor negotiations  Roundtable meetings  Collaborative law  Arbitration  The Evolve Family Law One Lawyer service  For expert advice on family law complete our online enquiry form.  

Family law disputes come in all shapes and sizes. It may be a dispute between a divorcing couple trying to reach a financial settlement or grandparents seeking a child arrangement order so they can get to see their grandchild or a parent terrified that their ex-partner intends to leave the UK with their son or daughter. Increasingly, family law disputes involve cohabiting couples. The couple may be heterosexual or LGBTQI+ and they may or may not have children with disagreements bubbling away over what parenting arrangements are in the child’s best interests. As a specialist firm of Northwest family law solicitors, we can advise you on how best to resolve a cohabitation dispute and help you understand your legal rights and options. For expert family law advice call our team or complete our online enquiry form. What is a cohabitation dispute? To a family lawyer, a cohabitation dispute can be many things as it encompasses any falling out between a couple who are not married and who are not in a civil partnership. A cohabitation dispute can be limited to the arrangements for the children or relate to money and property or both. Cohabitation disputes over children law issues can involve: Disputes over the parent the children will live with after the separation Contact arrangements Applications for child arrangement orders to sort out residence and contact Disputes over whether both parents have parental responsibility for their children Disputes over the exercise of parental responsibility, such as choice of school International family issues, such as one parent wanting to move overseas with the children and the other parent objecting Child support payments Top-up child support through a court order (where the parent paying child support is a high earner) School fee orders to pay for private school fees Requests for lump sum orders to meet the needs of dependent children Requests for housing for children whilst the children are still at school or university Non-children cohabitation disputes normally centre on property, such as ownership of property. This could be the family home or a buy-to-let property portfolio or a family business. [related_posts] How do you resolve a cohabitation dispute? The first step in resolving a cohabitation dispute is to check and see if a cohabitation agreement was signed. If an agreement was prepared, it may set out the parties’ rights to property and what should happen if there is a dispute. For example, the agreement may say that one partner will keep the property and the other must leave the property if the relationship ends. A cohabitation agreement can save you a lot of time and money as it records your agreement. If you did not sign a cohabitation agreement then you may still be able to resolve and agree on the financial and practical issues relating to your separation. You may be able to do this by: Solicitor negotiations Roundtable meetings Collaborative law Arbitration The Evolve Family Law One Lawyer service How does a court resolve a cohabitation dispute? If you cannot reach an agreement you may need to start or respond to court proceedings. Unlike a divorce, a court decides a money or property related cohabitation dispute based on property and trust law. Therefore, the court has less discretion to do what is ‘right’. In divorce financial settlement proceedings the court looks at fairness rather than strict legal and property rights. Talk to a family solicitor about your cohabitation rights If you are in a cohabiting relationship, it’s important to speak to a family law solicitor so you understand your rights. Many people assume that the rights of a cohabitee are the same as a husband or wife or civil partner. They are not. A cohabitee has the same rights as a married person if they are subject to domestic violence in a family relationship and a cohabitee has similar rights if there is a children law dispute over the arrangements for the children. Property law rights between cohabiting and married couples are very different. A cohabitee can't claim spousal maintenance or a share of their partner’s pension. Nor can they claim a share in property or other assets unless they have a legal or beneficial interest in it or they can make a claim based on the needs of a dependent child for housing. This is a complicated area of law. For example, your partner may legally own the family home but the other partner may have a financial claim through property or trust law. That claim gives them a beneficial interest in the property. The court could order the sale or transfer of the property to the non-legal owner. That’s why it’s important to understand your legal rights as a cohabitee. Unfortunately, many people assume they are entitled to nothing as they weren’t married or their name wasn’t on the title deeds to the family home. Whatever your circumstances it is best to speak to a family law solicitor if you are leaving a cohabiting relationship and you want to understand your rights and options. For expert family law advice call our team for an appointment or complete our online enquiry form.

As family law solicitors we are often asked whether it is OK to change the locks to the family home. Sometimes we are asked this question before a husband, wife, civil partner or unmarried partner has decided to separate. On other occasions, the locks have already been changed and an ex-partner has already been excluded from what was their family home. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form. Separation and changing the locks Locks are a hot topic as emotions, trust, and control issues can all be engaged when the subject of locks and access to the family home is mentioned. A lot of people assume that if the locks to the family home are changed that means the excluded spouse, civil partner, or cohabitee loses their legal rights or financial claims over the property. That assumption isn’t correct. A change of locks does not confer ownership of a property on the spouse or partner who now controls access to the property. Your property rights will depend on your legal status – whether you are a spouse or civil partner or whether you were in an unmarried relationship. For spouses and civil partners, property rights stem from family law. For unmarried couples, their family home rights stem from an interpretation of property and trust law. If you cannot agree with your partner on whether a house should be sold, or transferred to you or your ex-partner, then the court can decide on the appropriate order. In urgent cases involving domestic violence or abuse, the court can make a temporary injunction order to exclude a partner from the property. The court can then decide on long-term property ownership at a later date. Changing the locks if you own the property Some people assume that if they own the family home in their sole name, they can change the locks and exclude a spouse. That is not right. A spouse has a right of occupation in a family home, whether the property is owned in joint names or not. Whether or not the locks have been changed any financial claims to the house continue until there is an agreement or a family court order. Another common assumption is that it is OK to change locks once a spouse has left the family home as once the decision to leave has been made by them then they cannot change their mind and come back. That is not correct either. In some situations, a homeowner may ask their family law solicitor about changing locks as they want to feel in control of a property. In other cases, there are genuine worries either over privacy or personal security. If it is accepted that one spouse should leave the property then it is usual to agree that, whether they retain the key or not, they will only return at an agreed time and for a reason. For example, to collect remaining items. If there are concerns about personal safety and domestic violence the court can make an injunction order setting out who can occupy a family home until a long-term decision is made on whether or not the house should be sold or transferred to one spouse or partner. [related_posts] Changing the locks when you have children Where there are children there is often an argument that a spouse or partner should retain a key so that they can come and go to see the children. Whether that works all depends on how a couple has managed their separation. In some scenarios, both adults and children are comfortable with mum or dad returning to put children to bed with a book or to babysit but, in other families, continued key access can give very mixed messages to both adults and children and cause anxiety. It is important to talk to a family law solicitor about property ownership and locks and to reach an agreement on whether locks are changed or not. You may need to discuss whether you or your ex-partner can get access to the property until the financial settlement is reached. Locks and reaching an agreement over the family home The hot topic of locks should not distract from what is often the equally emotional but trickier issue of sorting out what will happen long-term with the family home. The obtaining of estate agent appraisals and exploration of mortgage options enables a separated couple to make well-informed decisions about what they want to happen to the family home on a long-term basis. Those decisions can be made by the couple with the help of their family law solicitor or during family mediation. If an agreement cannot be reached then whether you are a spouse, civil partner, or former cohabitee, the family court can be asked to sort out who is entitled to enter the property and live in it on a short and long-term basis. What is important to realise is that changing the locks to a family home does not confer property ownership as that is all down to agreement or the court order. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form.

As specialist family law solicitors, we get to deal with the fallout when a cohabiting couple separates and can't reach an agreement over whether their family home should be sold, or how the equity should be split, or whether the house should be transferred to one of them. Court proceedings over property ownership can be protracted and expensive as the court assesses property and trust rights. Potentially your family law solicitors have to go back years to gather evidence on who paid the deposit, mortgage, or contributed to the house renovation costs. This hassle and cost may be avoided if you sign a cohabitation agreement. For help from expert family lawyers call our team of specialist family lawyers or complete our online enquiry form. When do you need a cohabitation agreement? Most people think you only need a cohabitation agreement if you are buying a family home with a partner. That’s not the case. You need a cohabitation agreement in a range of different circumstances, such as: Buying a house in your sole name but your partner intends to live with you at your house You own a house and your partner is moving in with you You jointly own a house with your partner but your personal or financial circumstances are changing. For example, you have inherited some money and intend to pay the mortgage off with your inheritance You are going to jointly buy a property with your partner and you are contributing different amounts of money towards the deposit, or one of you is getting money from family to pay the deposit, or one of you will be paying all or a larger percentage of the mortgage and household bills There are many other reasons why a couple may need a cohabitation agreement. That is why, if you are thinking of buying a property or you have formed a new relationship, it is sensible to ask the question ‘do I need a cohabitation agreement?’ and to get the question answered by an expert family solicitor. You may think that a family solicitor is trying to sell you something that you don’t really need as most people don’t realise (until it is too late) that if your partner moves into your house, they have a potential claim over the property under property or trust law even though their name is not on the title deeds. Equally, if you have been in an unmarried relationship for many years, you may have no rights to a share in the equity in your partner’s property because of the complexities of property and trust law. [related_posts] What goes into a cohabitation agreement? A cohabitation agreement can be as broad or as detailed as you chose. If a partner is moving into your house your agreement could say that your partner will not have a beneficial interest in your property even if they contribute to the mortgage or renovation costs unless you sign another cohabitation agreement setting out their interest in your property. That type of cohabitation agreement minimises the risk of your partner claiming they have a beneficial interest in the property because you took money off them as rent and payment towards household bills but, after you split up, your ex alleges their monthly contribution paid towards the mortgage so they have a claim over the equity in the property. If you are buying a property jointly with your unmarried partner then your cohabitation agreement could record the detail of who paid the deposit, how the mortgage payments will be split, and other details, so you avoid having to get information and paperwork many years later to prove you paid the majority of the deposit and mortgage or to try and prove that it was agreed that you would get 70% of the equity because it was your inheritance from your grandmother that enabled you to pay the deposit and stamp duty. It pays for an expert family solicitor to talk to you about your options and to prepare a bespoke cohabitation agreement for you. Most people assume that a cohabitation agreement has to be a standard document but it can be created to meet your relationship and property needs and be as straightforward or as complicated as you want to make it. Can a cohabitation agreement be changed? Some couples are reluctant to sign a cohabitation agreement because they think that circumstances may change. For example, if your partner is moving into your house the initial intention may be that the house will remain yours but that may change over time if you want to renovate or extend the property. Alternatively, once your relationship is established you may want your partner to share the mortgage payments with you, whilst still wanting to protect the equity that you built up in the property before your partner moved in with you. Cohabitation agreements can be changed as your relationship develops or circumstances change but it is essential to record your revised agreement in a new document. That’s because most cohabitation agreements say any verbal promises or assurances will not carry any weight and any changes to your original agreement must be in a deed. A signed agreement avoids expensive court proceedings over whether conversations occurred, whether you really intended to give your partner an increased beneficial or property interest, or whether your partner misinterpreted your conversation or twisted it to their advantage. If I don’t sign a cohabitation agreement, is the jointly owned house half mine? The house isn’t necessarily half yours if you don’t sign a cohabitation agreement. It all depends on how the house was legally purchased (was the family home bought as joint tenants or tenants in common) and what your intentions were. Not having a cohabitation agreement can result in expensive court proceedings if one partner decides they want to claim half the house when they didn’t pay half towards the deposit or if one partner wants more than half the equity in the family home because they paid for the extension or for the new bathroom. A cohabitation agreement will cover who gets what percentage of equity in the house if it has to be sold. A bespoke agreement can also cater for one partner paying for renovations or paying off the mortgage. Key points on a cohabitation agreement Even if a house, investment, or business asset is owned by one partner, the other party to the relationship can still make a property or financial claim based on verbal or written promises, trust, and property law.  The cost, risks, and inherent uncertainty of court litigation can be avoided, or significantly reduced, by a cohabitation agreement. For help from expert family lawyers call our team of specialist family lawyers or complete our online enquiry form.