Understanding your rights as part of a cohabiting couple

In recent decades in the UK, more couples have decided to live together without marrying or entering a civil partnership.

There is a common misconception that living together for a significant period grants partners the same rights as those in a legal marriage, known as a common-law marriage. However, this is not the case. Cohabitation can lead to various complexities, particularly concerning property ownership, financial arrangements, and inheritance rights.

In this month’s blog, we will explore some key areas to ensure that both parties are aware of their rights and how you can protect yourself should your relationship end.

Where you live

For couples renting a property where both names are included on the tenancy agreement, both partners are jointly liable for the rent and any other conditions outlined in the contract. In the event of a relationship breakdown, the person who remains on the property must inform the landlord of any changes to avoid potential legal issues.

If you jointly own a property, making a cohabitation agreement could benefit you both. This agreement would detail both parties’ rights and responsibilities and can help during a breakup.

If one person owns the property, you could be eligible for rights if you can demonstrate that you contributed to the deposit of mortgage payments or you made a financial commitment toward the house. Without such proof, the non-owning partner typically has no legal claim to remain in the property after a separation.

If you have children

Both parents have parental responsibility if they are on the child’s birth certificate, which means they both have a say in decisions about the child.

Should a couple separate, both parents must understand that they are legally obligated to provide child support. This obligation remains in force regardless of whether one parent has legal parental responsibility and is enforceable by the court.

Should your partner pass away

In cases where a written agreement has designated one partner as the next of kin, that designation will be recognised. However, cohabiting partners are not legally considered next of kin without such an agreement. Should you not be recognised as next of kin, it would mean that you typically would not have access to your partner bank accounts, pension schemes, or life insurance payouts unless specified in a legal will.

Ways you can protect yourself

To safeguard both partners, we advise you to create a cohabitation agreement that clearly outlines each person’s rights and responsibilities.

Additionally, drafting a will to outline how your assets will be distributed upon your passing is crucial, especially for cohabiting couples who may otherwise be left without entitlements.

If you require assistance with cohabitation agreements, will writing, or understanding your legal rights in a cohabiting relationship, please contact our team today for expert guidance.