Couples who live together have far fewer legal rights than those who are married. Entering into a cohabitation agreement will set out clearly your intentions as a couple from the outset, helping to avoid misunderstandings and disputes in the future.

At Gibson Young Solicitors Putney, we can work with you to put together a bespoke cohabitation agreement to protect your rights and interests, however complex your financial situation may be. We will advise you in respect of what you can include and ensure that you understand the implications of signing.

Our advice to you will be clear and straightforward and we will always take the time to understand your unique circumstances. We will make sure we are available to speak to you and to answer any questions you may have.

Our cohabitation agreement services include the following:

• Discussing your needs and advising you on what you could include in your cohabitation agreement

• Putting together necessary financial information to ensure your finances are fully disclosed, which is a legal requirement

• Drafting a cohabitation agreement

• Negotiating with your partner’s solicitors where necessary

• Advising you in respect of a cohabitation agreement provided by your partner’s solicitors

• Associated work, such as transferring an interest in property or drawing up a declaration of trust

If you would like to speak to one of our expert cohabitation agreement solicitors in London SW15, ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form.

For information about our related services, see our family and matrimonial page.

Couples who live together do not have the same legal rights as married couples. It is easy to drift into a casual arrangement, for instance, where a property is owned by one party, but it is the home of both of you. In the event of a separation, you could find that you do not have any rights to live there any more, even it is has been your home for a long time and you have made contributions, for example, by paying the mortgage.

A cohabitation agreement is a contractual document setting out what will happen in respect of your property, finances and other issues, should you and your partner separate. 

A well-drafted cohabitation agreement helps couples know exactly where they stand and goes a long way to avoiding misunderstandings and disagreements. By being open and honest about finances, property and children from the start and putting decisions into a legal document, you can be sure of where you stand in the future, should a dispute arise.

Our experienced cohabitation agreement lawyers can work with you to identify a fair division of assets and set out the agreed terms in a robustly-drafted document, to protect your interests for the future and provide you with certainty in respect of your financial situation.

We will discuss with you the points that can be included in your cohabitation agreement. This will be tailored to suit your particular requirements, but often includes the following issues:

• Property – who owns any shared property, who will pay the mortgage and what will happen to it in the event that you separate

• Bills, to include rent – who is responsible for paying 

• Assets – what will happen to shared bank accounts or savings if you separate

• Debts – who will be responsible for discharging liabilities

• Children – some arrangements for children can be included, although the legal rights of children themselves will always be a court’s first concern in any dispute and this could override a cohabitation agreement

• Who will receive any next of kin benefits, such as pension payments or life insurance payouts

• What will happen in the event of a separation

A cohabitation agreement is legally binding, provided that it is properly drafted and executed and both parties have fully disclosed their assets to each other before the agreement is made. It is also a requirement that both parties should take independent legal advice before signing. In deciding on cohabitation enforceability, the court will need evidence that these points have been complied with.

It is advisable to review a cohabitation agreement from time to time, in particular if there are any substantial changes in your circumstances, such as the purchase of a property, receiving an inheritance or the birth of children.

If you marry after making a cohabitation agreement and you then divorce, the terms of your cohabitation agreement may be taken into account by the court. It is preferable to put a pre-nuptial agreement (‘prenup’) in place, which would cover similar issues and would offer guidance in the event that you encounter difficulties in the future.

While you are advised to have a cohabitation agreement when one person owns the house, you should also consider a declaration of trust if you have an interest in the property.

A declaration of trust sets out how the proceeds of sale of a property will be divided. If you are cohabiting and sharing a property, a declaration of trust will ensure that your interest in the property is legally recognised. For example, if you put in more by way of a deposit or you pay the mortgage, then a declaration of trust can stipulate that you receive an appropriate percentage of the sale proceeds.

A declaration of trust is a deed that can be registered at HM Land Registry, while a cohabitation agreement is a contract, provided that it is properly drafted and executed. It is generally recommended that both are put in place when the proceeds of sale of a property are not intended to be shared equally.

Cohabiting partners do not receive anything from their partner’s estate, should their partner die without making a Will. This means that you should put a Will in place if you are cohabiting and you wish to provide for your partner in the event that something happens to you.

It should be noted that if you jointly own a property, but it is held by you as tenants in common, then the survivor will not inherit the deceased’s share unless they are left it in the Will.

At Gibson Young Solicitors, we offer both legal expertise and outstanding client service. We are friendly and approachable and our cohabitation agreement advice is clear and straightforward. 

If you would like to speak to an expert cohabitation agreement lawyer in Putney, ring us on 020 7924 2919, email us at reception@gibsonyoungsolicitors.com or fill out our Contact Form. All initial enquiries are free of charge and without any obligation.