Welcome to our Alphabet Information Series. Today’s topic is Cohabiting.

Welcome to our Alphabet Information Series.  Today’s topic is Cohabiting. 

Cohabiting in the UK is defined as an unmarried couple who are living together in a long-term relationship, which resembles a marriage. The cohabiting couple may or may not have children together, jointly own a property or share bills.

Many people think that cohabiting couples have the same rights as married couples believing they are “common law spouses” and should the worst happen they will be afforded the same protection under the law as married couples.

The fact is, common-law marriages have not existed in England since 1753; however, many still think that a period of living together (seven years is popular, but some guess two or four years) grants them legal protection. This is entirely incorrect.

Therefore, if a cohabiting couple separates, they do not have the same legal rights as a married couple. In general, unmarried couples cannot claim ownership of, or an interest in, the other's sole property or assets in the event of a breakup, except for any assets or property which they own jointly.

With unmarried cohabiting families becoming the fastest growing type of family in the UK and because unmarried couples have fewer legal rights than married couples, many may now be seeking a Cohabitation Agreement.  A Cohabitation Agreement is a form of legal agreement reached between a couple who have chosen to live together.  These agreements can cover things such as, how they pay rent, mortgage or household bills, arrangements for children, finances and property that may have been owned before or bought while living together. 

If you have any queries regarding the above information or would like any further advice remember obtaining accurate legal information from the outset can be vital in the resolution of your matter and can make the process less stressful. Call 01246 555610 to arrange a free, no obligation consultation with one of our experienced solicitors.