Cohabiting couples live together but are not legally married or in a civil partnership. This term also covers couples whose marriage is recognised by their faith but not by the law, as they do not comply with certain requirements.
There is no legal definition for someone who is part of a cohabiting couple. Although some incorrectly refer to themselves as being in a common-law marriage, you’re not legally viewed as a couple. Therefore, you have few rights around property, finances, and children if the relationship ends or one of you dies unless specified in a valid Will or cohabitation agreement.
We recommend that you also consider the following to help protect you and your partner.
Property
- Renting a property together – a tenancy agreement with both names on it makes you equally responsible for paying the rent and conforming to the terms. If the relationship breaks down and one of you moves out, the tenancy agreement should be altered to reflect this change
- Buying a property together – including both names on the deeds means, if you split up, you will be entitled to your share of the property. There are two types of tenants – joint tenants (where you own the property together) or tenants in common (where you each own a share). If your partner dies, you will not automatically inherit their share unless stated in their Will
- Your partner owns or mortgages a property and you move in – unless your name is added to the deeds, you will need to prove to the court you have contributed to a deposit or mortgage payments, or have made a large financial contribution such as major work on the house, on the understanding that you will be entitled to a share if you separate. If your partner dies, you will not be entitled to inherit unless it’s stated in a valid Will
- You own the property together outright – we recommend you agree on what will happen to the property and state this in a cohabitation agreement or Will
Finance
Cohabiting couples have no financial responsibility to each other if the relationship breaks down. If you have children, you may receive payments from your ex-partner to provide for them, but the law does not oblige them to financially support you also.
Children and parental responsibility in England and Wales
A child’s mother automatically has parental responsibility, meaning she can make decisions on important matters such as living arrangements, medical care, education, religion and managing the child’s property.
Where parents are not married, the father of a child whose birth was registered before 01 December 2003 has no automatic parental responsibility, even if they are named on the birth certificate. If the birth was registered after 01 December 2003, the father only obtains parental responsibility if they are named on the birth certificate.
To gain parental responsibility as an unmarried father, you need to jointly register the birth with the mother or be named on a parental responsibility agreement by the mother of the child or by way of court order.
For same-sex couples, both have parental responsibility if they were in a civil partnership or married at the time of receiving fertility treatment or donor insemination. If you were not in a civil partnership or marriage, the second parent can apply for parental responsibility.
How AGR Law can help protect your and your partner
Cohabitation is a complex area, and the outcome of a dispute often depends on individual circumstances. The law does not protect you in the same way as those who are married or in a civil partnership, so we recommend having a cohabitation agreement in place and a valid, up-to-date Will.
Our experienced team can help with:
- Drawing up and updating Wills
- Cohabitation agreements
- Tenancy and joint tenancy agreements
- Parental responsibility agreements
- Determining whether your marriage is recognised by the law
Call us on 0116 340 0094 or email hello@agrlaw.co.uk for more information.