Cohabitation Solicitors
Living together without being married or in a civil partnership is a very common arrangement. However, it is important to realise that, while cohabiting suits many couples, it does not offer the same legal protections as marriage or a civil partnership.
At Brindley Twist Tafft & James, we have extensive experience in handling all aspects of cohabitation, including the creation of robust cohabitation agreements and resolving complex cohabitation disputes.
Our specialist cohabitation solicitors will take the time to carefully listen to your concerns, explain the options available to you and ensure that you have all the information you need to make informed decisions about your future.
Where you are involved in any type of dispute or disagreement with your partner, we aim to resolve matters without the need for court proceedings, as this is often less stressful, quicker, and more cost-effective.
With accredited specialists recognised by the Law Society and Resolution, you can be confident that we will provide expert, compassionate advice when you need it most.
Contact our cohabitation solicitors in Coventry, Warwick and Southam
If you require supportive advice or guidance on any aspect of cohabitation, please get in touch with our specialist cohabitation solicitors in Coventry, Warwick, Southam and Balsall Common, or email one of our solicitors below to see how we can help.
For more information, see our family law solicitors page.
Our cohabitation services
Cohabitation agreements
Contrary to the commonly held belief, there is no such thing as a ‘common law marriage’ in England and Wales. This means that living together with your partner without being married could leave you in a vulnerable position if you separate.
A cohabitation agreement is a legal agreement which provides clarity, certainty and protection by setting out how financial and property matters should be dealt with both during the relationship and if you later separate.
Our specialist cohabitation solicitors advise unmarried couples at all stages of their relationship, whether you are moving in together for the first time, buying a property jointly, or already living together for many years and want to formalise your current arrangements. We take the time to understand your circumstances and ensure the agreement reflects what is fair, practical and legally enforceable.
Cohabitation disputes
When unmarried couples separate, the law does not provide the same protections that apply to divorce or civil partnership dissolution. This means that disputes over property, finances or contributions can quickly become stressful and complex, particularly where expectations differ, or informal arrangements have been relied upon in the past.
Our expert team can step in to help resolve all forms of cohabitation disputes involving jointly owned property, sole-owned property, financial contributions, and claims based on trusts or proprietary interests.
Our approach is practical and proportionate. Wherever possible, we aim to resolve disputes through negotiation or alternative dispute resolution, helping you reach a fair outcome while avoiding unnecessary cost and conflict. Where court proceedings are required, we provide clear advice on your prospects, the evidence needed and the steps involved.
Whether you are seeking to protect your interest in a property or responding to a claim brought by a former partner, we will guide you through the process with clarity and discretion.
Cohabitation FAQs
What are the legal rights of an unmarried partner in a cohabitation dispute?
Unmarried partners do not have the same automatic legal rights as married couples or civil partners. There is no concept of “common law marriage” in England and Wales.
The legal rights you and your partner have will therefore depend on property ownership, financial contributions and whether a legal or beneficial interest can be established under trust law.
This is where having a cohabitation agreement in place can prove invaluable, as it can help to clarify all of these rights and responsibilities and will be considered legally binding if it has been properly drafted and signed as a deed.
How is property divided when unmarried partners separate after living together?
Without a cohabitation agreement in place, property division depends on how the property is owned and whether either partner can show a legal or beneficial interest.
Jointly owned property is usually divided according to the ownership structure, while disputes over sole-owned property may involve complex trust claims based on contributions and intentions.
If I contributed to the mortgage or renovations but my name isn’t on the title, can I get my money back?
It may be possible to get your money back in this type of situation, but it is often context-dependent.
For example, you may be able to bring a claim if you can show that your contributions were intended to give you a share in the property, rather than being gifts or rent. These cases are evidence-based and depend on the specific facts, including financial records and communications.
How are jointly owned bank accounts and debts handled in a cohabitation separation?
Joint accounts and debts are generally the joint responsibility of both parties, regardless of who contributed more.
Banks and lenders can pursue either party for repayment, so it is important to address these issues promptly and, where possible, reach a clear agreement on responsibility ahead of time.
Is a verbal agreement about property division between cohabiting partners legally binding?
Verbal agreements can be difficult to enforce and are often disputed, for obvious reasons.
Without written evidence, it can be challenging to prove who said what, exactly what was agreed, and whether both parties intended the agreement to be legally binding. Written agreements, like a cohabitation agreement, offer far greater clarity and protection.
How much does a cohabitation agreement cost?
The exact cost of a cohabitation agreement will depend on the complexity of the case, assets involved and whether negotiations are required. Our solicitors can provide a more accurate estimate after discussing your circumstances.
What can you include in a cohabitation agreement?
A cohabitation agreement is a bespoke document, which means that it can cover anything you and your partner agree to. Typical agreements cover issues such as property ownership, mortgage payments, household expenses, savings, debts, what happens if one partner pays more than the other, and arrangements if the relationship ends. It can also address what happens if one partner dies, although drafting a separate Will is always recommended.
Do I need a lawyer for a cohabitation dispute, or can I file papers myself?
You are not legally required to use a solicitor to address a cohabitation dispute, but they can involve complex legal principles and evidence. Obtaining legal advice at an early stage can help you understand your position, avoid costly mistakes and improve the chances of reaching a fair outcome with as little disruption as possible.
Contact our cohabitation solicitors in Coventry, Warwick and Southam
If you require supportive advice or guidance on any aspect of cohabitation, please get in touch with our specialist cohabitation solicitors in Coventry, Warwick, Southam and Balsall Common, or email one of our solicitors below to see how we can help.
For more information, see our family law solicitors page.