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Cohabitation agreements

Making future plans for unmarried couples

Cohabitation agreements are contracts for unmarried couples who live together. It’s a legal document put in place to protect your rights if the relationship breaks down at a later point. 

While it sounds like a pessimistic view of the world, it’s a very common thing to do. It gives clarity to both partners about the ownership of the house, and in which proportions. 

Why would you get a cohabitation agreement?

These are some of the reasons why couples choose to get a cohabitation agreement: 

  • Buying a house with a partner who you’re not married to 
  • You’re contributing different amounts to the purchase of your home 
  • You have children from a previous relationship who may need to live in the home on a full or part time basis 
  • You want to agree in advance who will pay for certain debts or bills 
  • You want to protect loans or gifts that your parents gave to you alone 

It doesn’t matter how many of the above scenarios apply to you. If you’re living with a partner that you’re not married to, it’s a wise idea to seek advice from a family lawyer to protect your interests. 

That’s because you don’t have the same legal rights to the home as you would if you were married or in a civil partnership. So if things break down, you could be left with no rights over a family home that is in your partner’s sole name.  

Cohabitation Agreements

Frequently asked questions

  • Are cohabitation agreements legally binding?

    Yes. A cohabitation agreement is legally binding and enforceable in court.

  • What does a cohabitation agreement cover?

    A cohabitation agreement will cover how a property that you live in together is owned. It sets out how you pay joint household bills. It also clearly covers your joint bank accounts, pensions, debts, and arrangements for any pets.

  • What’s the process for drafting a cohabitation agreement?

    As the couple, you’ll give the lawyers details about your property ownership and financial responsibilities. Both partners must fully disclose their assets, debts and income.

    The lawyers draft the agreement and you check it to make sure it reflects what you want to agree. Then both parties must take independent legal advice to check that they understand the agreement.

    Once you’re happy, you both sign the agreement.

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