Cohabitation

Couples who live together have far fewer rights than married couples, meaning it is particularly important to ensure you have the right legal structure in place for your relationship.

You can take steps to protect your assets, make an agreement as to what will happen if you separate and make provisions for each other in the event that one of you should die.

At Lawrence Stephens, we represent cohabiting clients from a range of backgrounds including high net worth individuals, overseas clients, those with complex assets and those with non-traditional family structures.

Our Family Law Team has in-depth experience in putting the right documentation in place to protect the rights and interests of those who are living together outside of marriage or civil partnership. We can discuss your options with you and make sure that you have the advice and guidance you need.

We also represent clients who are separating from an unmarried partner, including in respect of disputes over property and assets.

Services

• Advice on cohabitation agreements
• Advice on property ownership
• Declaration of Trust
• Negotiating and drafting cohabitation agreements
• Trusts of Land and Appointment of Trustees / TOLATA claims
• Wills for unmarried couples

Cohabitation agreements

If you are considering living with your partner or you already live with them but you will not be getting married, you can both enter into a cohabitation agreement. This sets out how you will deal with issues, in particular financial matters, including in the event that you separate.

We can draft a cohabitation agreement for your unique circumstances, setting out details such as:

• Financial provisions for children
• How assets will be split if you separate
• How debt will be dealt with
• How your savings and investments will be split
• What will happen to any property you or your partner own if you separate
• What will happen to pets
• What will happen to valuable items
• Who will pay the bills
• Who will pay the mortgage or rent, both currently and if you separate

Trusts of Land and Appointment of Trustees / TOLATA claims in respect of property

If you live together in a property with your partner and your name is not on the title deeds, then you would not usually have any right to claim a share of the property if you separate, unless you can show that you have an interest in the property.

An example might be if you agreed that you would share the property and you relied on this agreement to your detriment or made financial contributions such as mortgage payments.

If you are separating from your cohabitating partner and you are in disagreement over a shared property, you are advised to seek legal advice to protect your interests.