Unmarried and cohabiting couples

Cohabitation - your legal rights

Cohabitation does not give someone the same legal rights and responsibilities as those who are married or in a civil partnership.

Generally speaking, the legal rights are far fewer and while the term ‘common-law wife or husband’ is frequently used; it has no legal recognition.

If you have chosen to live together you can enter into an agreement setting out arrangements that will apply while you are living together, as well as setting out what will happen if there is a breakdown of the relationship. This is called a living together agreement or cohabitation agreement.

Cohabitation agreement

A cohabitation agreement is a contract and governed by contract law it is therefore important that the agreement caters for certain issues such as property, finances, children and separation. Our specialist family department can help you draft this important agreement.

Our family team can also assist with writing a declaration of trust, which sets out the shares that each person has in the property, whether owned jointly or in one name.

If you own a property with someone who you are not married too, it is also important to consider making a Will.

Free consultation

We offer a free 20 minute family law consultation to discuss your situation. To speak to one of our family law experts or book an appointment at our Portsmouth or Waterlooville office, please call us on 023 9298 1000 or email connect@verisonalaw.com.