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

Cohabitation – know your rights!

The number of couples across the UK that are opting to live together as an unmarried couple has grown significantly in the last 20 years.

Surprisingly a lot of people are still unaware of the legal protection you have as a cohabitating couple, believing legal rights to only apply to couples who have a civil partnership or are married.

Although cohabitating couples do not have the same rights as married couples, there are legal protections available to them.

So, what rights do a cohabiting couple have?

Renting a home

If you rent a home together and both your names are on the tenancy agreement, then you are both equally responsible for paying the rent and adhering to the tenancy conditions.

How you choose to split the rent and utilities etc. is a choice to make between yourself and your partner.

Should you break up and one of you decide to move out, you will need to make arrangements with the landlord (or letting agency) about changing the tenancy agreement.

Purchasing a property

If you own a property together, ideally you should have a cohabitation agreement in place.

This will make it easier for you if you break up, as it should determine what happens to the property in the event of this.

Your ownership in the property does not have to be split equally, one of you could own a larger share if that is the decision you come to. In this situation, if you split up you will each be entitled to your own share of the property.

When only one of you owns the property, only the owner will have the right to remain in the property should the relationship come to an end.

However, if the other party can prove that they contributed to the deposit/mortgage of the home or have made a significant financial commitment to the property, like paying for renovations, then they may be entitled to a share.

Parental responsibility

Assuming any children you have belong to both you and your cohabiting partner, the father only has parental responsibility if they are named on the child’s birth certificate.

In the event of a separation, you have a legal obligation to provide child support, even if you don’t have parental responsibility. While you need to financially support the child, you are not responsible to do so for the now ex-partner.

While individuals with parental responsibility typically have the authority to make everyday decisions for the child on their own, you are typically required to come to an agreement for significant matters such as making decisions about your child’s education.

Parental responsibility ceases once the child turns 18.

Domestic violence

Cohabitants receive similar legal protections to married couples under the Family Law Act 1996, which addresses domestic abuse.

This law allows couples who live together, including same-sex partners, to seek court orders to prevent harassment or regulate living arrangements in their shared home.

In case of death

If your partner dies, you are not automatically entitled to inherit anything, and you will not receive your partner’s state pension. This may differ in cases of company or private pensions.

To make sure your partner does receive what you want them to, you will need to write a will that reflects this, particularly if you were the sole owner of a property that you want them to have if you die.

Equally, if you own a property together, your partner will not automatically receive your shares unless you have a cohabitation agreement with them or you state it in your will.

Just because you are living together as a couple, you are not entitled to be your significant other’s next of kin.

This is something you need to have as a written agreement otherwise you will not be informed of any medical emergencies and will not be able to make decisions on your partner’s care.

Getting guidance

Understanding your rights as a cohabiting couple and putting agreements in place to protect both parties of the couple can be complex. If you’re struggling to navigate these complexities, contact a family law professional to help ease your concerns.

If you would like to ask any questions about cohabitation or would like help preparing a Cohabitation Agreement, then please get in touch with our team.

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.