Cohabitation Law and Rights

Cohabitation law and rights for unmarried couples

The law does not recognise a “common law wife” or “common law husband”, regardless of how long a couple has been living together. If you are unmarried, you will not have the same rights as a married person if your relationship breaks down.

If you cohabit, your legal position is different to that of a married couple. As the law stands currently, there are more remedies available to married couples than those who cohabit.

If you are cohabiting or planning to buy a property, it is vital that you consider protecting your investment in the property before completing the purchase.

A cohabitation agreement can not only regulate the contribution that either party has made, or will make, to the purchase price. It can protect any further investment that may be made in the future.

You change your legal status when you marry your partner. When you marry you automatically acquire an interest in the other party’s property and pension.

We strongly recommend that you write a Will and set up your Lasting Power of Attorney (LPA) because an unmarried partner does not have same rights to inherit as a spouse.

Please contact us for an appointment if you would like to discuss your personal circumstances.