If you are cohabiting, it is essential that you know your cohabitation rights in the UK and know exactly where you stand if your name is not on the title deeds.
Cohabitation has become increasingly common in the UK over the past few decades. In many cases, couples will choose to live in a property that is owned by just one partner. This can work if you both have your own property and financial assets, but it can be a risk if you don’t.
It is widely believed that living together for a period of time can make you and your partner ‘common law spouses’, giving you many of the same legal rights as a married couple or a civil partnership.
In the UK, common law marriage is not legally recognised. This means that cohabiting couples do not have many of the protections or rights that married couples, and those in civil partnerships, do. As a result, issues such as property ownership can become complex in the event your relationship ends, particularly if you and your partner have both been making financial contributions to the property.
Do unmarried couples have rights to property?
The issue of property ownership for cohabiting couples can be complex if you have not considered how to protect ownership rights prior to moving in together.
For example, if you are the sole owner of the property you both live in, but your partner makes financial contributions to the mortgage payments or any restorations or renovations, they could subsequently be entitled to beneficial ownership.
It is therefore important that if you and your partner are thinking about moving in together, you consider drafting a cohabitation agreement.
What are my cohabiting rights in a rented property?
Cohabiting in a rented property offers very little protection if you are not listed as a tenant on the tenancy agreement.
If you have moved in with your partner and they remain the sole tenant on the lease, you would have no legal right to stay in the property, though the landlord must ensure they adhere to rental laws in any dispute.
The situation is more complex in the case of a joint tenancy. Legally speaking, you both have the right to remain in the property, so it would require either a mutual agreement between you as to who should move, or legal intervention.
Would a cohabitation agreement help protect my cohabiting property rights?
A cohabitation agreement can be crucial in settling property disputes in the event of a relationship breakdown between cohabiting partners. It may not seem the most romantic or positive way to begin living together, but it is far too late to draft an agreement if you decide you need one when the relationship ends, and disputes over property can cause additional and unnecessary conflict.
Drafting a cohabitation agreement can help to protect your property ownership rights, as well as ensuring that both you and your partner get a fair share of any joint property in the event your relationship ends or one of you passes away.
However, if you have split up with someone you have been cohabiting with and did not have a cohabitation agreement, we can help you establish whether you have a beneficial interest that could help you.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Understanding your rights following a relationship breakdown with a cohabiting partner can be complicated, particularly if you don’t have a cohabitation agreement in place. Our expert solicitors have helped countless clients understand their rights and standing when it comes to cohabiting property rights. We can help you draft a cohabitation agreement or establish whether beneficial ownership applies after a relationship has broken down.
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Frequently asked questions about cohabitation property rights
What are the rights of cohabiting couples?
In the past few decades, cohabiting has become increasingly more common. However, it is important to know that living together without being married or entering a civil partnership means you do not have many rights concerning finances, property, or children.
Some of these issues can be addressed through a cohabitation agreement, which can help set out agreed upon terms relating to joint finances, management and ownership of property, and what each party is entitled to should the relationship end.
Can I evict a cohabiting partner?
This can be a complicated process and will depend upon the ownership of the property. For instance, if you are the sole owner of the property and your partner has no right to the house, then you can request that your partner moves out. You should not, however, suddenly change the locks or throw out their belongings.
Where you and your partner jointly own the property, or jointly rent, you both have equal grounds to stay in the property. In this scenario, it is important to seek legal advice to help you understand the best way forward.
If your partner has made financial contributions to your property, whether through renovations or by providing funds for a deposit or mortgage payments, they could be entitled to a beneficial ownership share of the property, regardless of the intention at the time.
This is why we strongly recommend that you and your partner consider drafting a cohabitation agreement when you decide to live together. The agreement can protect property assets or ensure that you are both entitled to a fair share of any joint property in the event the relationship ends or one of you passes away.
What is a resulting trust?
If you have made financial contributions to the ownership of a property, either through the deposit or subsequent mortgage payments, a court may decide that because of these payments, you have a beneficial interest in the property. This is known as a resulting trust.
If you have ended a relationship with someone you have been cohabiting with and believe you may have an interest in their property, our solicitors can help establish whether a resulting trust has been created. Speak to our team today on 0330 041 5869 or reach out online.
What is a constructive trust?
A constructive trustmight imply you have a beneficial interest in a property if it can be established that both parties had a 'common intention' about the beneficial ownership of the property, stemming either from the time of purchase or a later date. It isn't necessary to have had an explicit conversation about this to establish beneficial ownership.
A court will simply look at the conduct of both parties to assess whether you had 'common intentions' with regards to the property during your relationship.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)