Rights of Cohabitees

29th January 2025

It is often thought that if a couple lives together they will become “common law spouses” and acquire rights from each other.  This is not necessarily the case. It is important if you are living with a partner or planning to do so, that you both consider taking steps to protect your interests.

If you are buying a home with your partner you need to consider how you will own it. One of you may have contributed more to the deposit, or you might pay the mortgage or running costs in different shares. Without a Cohabitation Agreement or Declaration of Trust these contributions might not be reflected in the future.  

If you live in a home owned by your partner, then you are unlikely to have rights in it.  This could mean that if you separate you might not be entitled to stay in the home.

Unmarried partners will not be treated as each other’s next of kin in the event of one person’s death, and will not automatically inherit from their estate. 

It is possible for these issues to be addressed in a number of ways.  Cohabitation Agreements can set out financial arrangements during the relationship and deal with how assets will be split if you separate.  It is important to consider a Declaration of Trust when jointly owning a property. It is also important to make a Will to ensure that you wishes are given effect to on your death. 

Our Family and Matrimonial Team can help you to navigate these issues, contact us to see how we can help.

Article written by Head of Family & Matrimonial, Kate Booth.