Cohabitation & Unmarried Couple Lawyers

Our solicitors help unmarried cohabitees and homeowners to draft effective cohabitation agreements that protect your rights in the event of a break-up.

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We're here to protect your individual rights and interests if you cohabit with your partner through cohabitation agreements.

Cohabiting families are the fastest growing family type in England and Wales. Yet many people don’t realise that there’s little legal protection available for cohabitees in the event of a relationship breakdown.

If you’re not married but moving in with a partner or buying a property, you should consider entering into a cohabitation agreement to protect your rights and interests. There’s a common myth that cohabitation with your partner constitutes a common law marriage that provides the same financial rights as a married couple if you end up separating. This is not true — and if your relationship does end, your financial security may be at risk.

A legal document for unmarried couples who live together, a cohabitation agreement sets out arrangements for property, ﬁnances, children and other assets in the event that you separate or one of you passes away. This provides clarity and security by ensuring that both parties are aware of where they stand in the event of a future relationship breakdown. They also offer the flexibility and freedom to organise your financial affairs according to your wishes.

This area of law is highly fact-specific and nothing is guaranteed. Couples often don’t understand their rights and disputes of this nature can lead to litigation. That’s why our expert family law solicitors are here to help cohabitees navigate this complex area of law. Our award-winning team is recognised by The Times Best Law Firms, which recognises "the best lawyers for business, public and private-client law… in England and Wales... all chosen by lawyers".

We can protect your rights as a cohabitee and homeowner so that you can plan for the future, whatever happens. We can also advise you of your rights and claims as a non-owning cohabitee, especially in the event that you have children from that relationship.

Any couple (including unmarried heterosexual and same-sex couples) can make a cohabitation agreement. Since cohabitation agreements can have important consequences, it’s critical to take legal advice during their preparation.

Talk to us by giving us a call on 0333 004 4488, sending us an email at family@brabners.com or completing our contact form below.

Cohabitation agreements — how do they work?

A cohabitation agreement records a cohabiting couple's intentions and how they wish for any property to be divided in the event of separation. It can also record more basic issues such as how any property they're living in will be run, including who'll be responsible for which outgoings.

A cohabitation agreement can cover a variety of different issues, from how a property will be held to how the parties’ finances will be operated during their cohabitation.

The most common areas include:

how rent, mortgage or household bills are paid
financial matters, such as what happens to joint bank accounts or pensions
respective beneficial interests in property (whether owned jointly or solely)
financial arrangements for children.

Cohabitation agreements can be entered into by any cohabiting couple. The most common scenario is when a couple begins cohabiting or purchasing a property.

Couple walking along bridge towards ocean, scenic romantic concept

Why should I consider a cohabitation agreement?

A cohabitation agreement can make family life easier, giving all parties the flexibility and freedom to organise their financial affairs as they wish.

A well-drafted agreement sets out and evidences beneficial interests in co-owned property and ultimately protects that interest (for example, if one party’s family has gifted money towards the deposit).

Cohabitation agreements can facilitate quick resolutions to financial matters in cases where there's an acrimonious separation, providing clarity on what each party is entitled to and in what proportion. This can also avoid the potential costs of litigation, as many of the technical issues relating to the separation and the mechanics of valuing and dividing property will have already been agreed.

Some people are cautious of broaching the topic of entering into a cohabitation agreement with their partner as the suggestion may be interpreted as a lack of commitment to the relationship. Without careful consideration and management, this can carry the risk of relationship breakdown.

Cost is also a factor to consider when deciding whether to proceed with a cohabitation agreement — particularly if the parties’ circumstances and the terms proposed are complex. However, it's generally much better to enter into a cohabitation agreement than not.

Meet the team

Award-winning, accredited cohabitation lawyers

Our award-winning family law team contains experts in the complex patchwork of law around cohabitants' rights.

This includes Hannah Saxe, a Resolution Accredited Specialist in relation to private child law and the law relating to cohabiting couples. She has specialist expertise in advising cohabiting couples on relationship breakdown, resolving issues relating to property and securing financial provisions for children. Hannah also sits on Resolution’s National Cohabitation Committee and was elected onto the National Committee in 2022 and has been recognised as a Leading Associate by The Legal 500.

We’ve developed a highly successful track record in safeguarding the interests of cohabitees — even in the most diﬃcult circumstances.

It’s possible to make financial claims even if your home is owned in your partner’s name. Such claims can be substantial if there are dependent children involved.

Our warm and welcoming offices in Manchester, Liverpool, Leeds and Lancashire provide comfortable settings for sensitive discussions.

This area of law straddles both family and civil litigation rules. We're well-versed in this dual approach and the complex cost rules and can guide and support you through the dispute resolution process.

Our lawyers provide clear and transparent advice to cohabiting couples when they need it most.

Meet the team

Hannah Saxe

Legal Director

Debbie Heald

Partner

Amy Harris

Legal Director

Contact our experts today

Are cohabitation agreements legally binding?

While a cohabitation agreement is a legally binding document, The Law Commission has expressed reservations about enforcement.

Cohabitation agreements are governed by ordinary rules of contract and can therefore be challenged on any of the following ordinary contractual principles:

fraud
duress
undue influence
misrepresentation
mistake
illegality on other grounds.

The key, however, is to remember that if a cohabitation agreement is entered into free of any of the above principles — and if both parties have obtained independent legal advice — the Court is more likely to uphold and enforce it.

“Brabners has one of the North of England’s largest family law teams, with expertise across financial, children, international and fertility work.”

The Times Best Law Firms 2025

“Hannah Saxe… excels in dealing with the most complex children law and modern family matters… she has gained well-deserved recognition for her successful outcomes in complex children cases with international elements.”

The Legal 500 2025

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Cohabitation & property rights

When a married couple separates, the financial claims that they have against one another are wide-reaching. A specific statute (the Matrimonial Causes Act 1973) encompasses those claims and the factors that the court must take into account when considering a financial settlement.

By contrast, the claims that former cohabitees have against one another are limited. There is no specific statute dedicated to dealing with claims that arise following the breakdown of cohabiting relationships. Former cohabitees are generally restricted to claims for child maintenance (if there are any relevant children) and claims in respect of any jointly owned or jointly occupied property.

The civil court can deal with disputes between couples who either own a property together or have lived together in a property that is held in one person’s name. Such claims are dealt with under Section 14 of the Trust of Land and Appointment of Trustees Act 1996 (TOLATA).

This gives the court the power to:

In the case of a jointly owned property, determine the co-owners’ respective shares in the property. For example, a property may be held by two individuals on a 50/50 basis, but one party may say that they have made a higher financial contribution to the property and therefore their interest should be higher than 50%.
In the case of a property held in one party’s name, determine whether another party has acquired a beneficial interest. For example, a party may argue that they have no legal interest in a property but have acquired a beneficial interest because they have made significant financial contributions to the purchase price or a renovation.
Determining whether a property should be sold.

If there is a dispute between joint owners as to their respective shares in a property, the starting point will be for the couple to review the transfer document that was signed at the time of purchase. If Section 10 of the transfer document is completed and confirms how the couple intended to hold the property, this will be treated by the court as an express declaration of trust and ‘conclusive evidence’ in respect of the ownership position. In such circumstances, arguments about financial contributions are irrelevant. The court can only set aside an express declaration of trust if there is evidence of fraud, undue influence, duress or mistake.

In joint ownership cases that don’t feature an express declaration of trust — or in cases where the property is held in one person’s name only — the role of the court is to determine whether an ‘implied trust’ has arisen in favour of the individual who is seeking to assert an interest (or a higher interest) in the property. In such circumstances, the court will examine the parties’ respective financial contributions to a property and their intentions at the time of purchase and throughout the relationship. This is an extremely complex area of law.

As above, the court also has the power to consider whether a property should be sold. An order for sale can arise after the court has dealt with a dispute as to the shares in a property. Equally, the court can make an order for sale when there is no dispute about the shares in a property but where one party is obstructing a sale or is refusing to buy the other out of their interest.

TOLATA cases that involve a dispute about property interests are notoriously difficult. The statute was not designed to cater for cohabiting couples. TOLATA claims are dealt with in the civil court (as opposed to the family court), which means that there are significant cost consequences for running an unsuccessful claim. The available case law is limited and highly fact-specific, which makes it difficult to assess the strength of a claim prior to issuing proceedings.

If you have a potential TOLATA claim, it’s strongly advised that you seek specialist legal advice.