Read more articles in: Blog, Family Law, Stuart Daniel

Can a cohabitation agreement make moving in together less stressful?

Moving in with someone is one of the major milestones people aim for, alongside getting married, building a career and starting a family.

It might be the first time you’ve chosen to live with someone outside the family home or you may have already experienced what it’s like to share a space.

Either way, moving in together is a good time to think about money, property and how you’ll manage life as a household.

One way to sort these things out is with a cohabitation agreement.

What is a cohabitation agreement?

A cohabitation agreement is designed to be a legally binding agreement in England and Wales that sets out how finances, property, furniture and other assets will be managed while you live together and how you would like them to be divided if for whatever reason things don’t work out.

These agreements are most commonly used by unmarried couples who are buying or renting a home together, but they can also be useful for anyone sharing a property (friends, siblings, housemates, etc.) who wants to ensure fairness in their living arrangements.

Reasons to get a cohabitation agreement

Unlike married couples or those in civil partnerships, people who live together do not have automatic legal rights to each other’s property, finances or inheritance.

Naturally, this often leads to questions about what happens if one person passes away, if the relationship breaks down or if someone wants to move out.

Here are some of our top reasons why we think you should get a cohabitation agreement:

You can agree in advance who will contribute to the mortgage, rent, bills and other household costs so there’s no confusion later.
It ensures any contributions you make to the property (the deposit, home improvements etc.) are recognised and can be protected legally.
It can protect personal assets like furniture, savings or other belongings, and decide how, or if, they will be divided.

One of the biggest perks of these types of agreements is that they allow you to focus on building your life together as a couple without worrying about the “what ifs”.

How to open the conversation about a cohabitation agreement

Similar to pre-nups, cohabitation agreements can be one of the topics a lot of people are afraid to bring up.

They think it will cause awkwardness or make it seem like you don’t trust the other person.

For that reason, you want to frame it as a positive and responsible step for both of you.

One way to naturally bring it into conversation is during discussions about your moving plans or your goals for the future.

With a partner, try something along the lines of: “I’ve been thinking about how we can make sure we’re both protected and clear on money and the home if anything ever changes. Do you think we could look at a cohabitation agreement together?”

If it’s a sibling or friend, try something like this: “I was thinking it might be a good idea to sort out how we handle bills and decisions for the house, just so there aren’t any awkward surprises if anything changes, like if you move out with a partner or someone moves in. Would you be open to putting something in writing together?”

Of course, you know your partner (or housemate) best, so think about how they might respond and the approach that will feel most comfortable.

A cohabitation agreement works best when both of you can share your thoughts openly and be honest about what you want, so it reflects the needs of both people involved.

If you would like help preparing a cohabitation agreement, please contact our family law solicitors.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.