Even after living together for a number of years a cohabiting couple will not acquire the same legal rights and responsibilities towards each other as a married couple.  Unfortunately, it’s often not until a relationship breaks down that they find this out.

Unless you have specifically made provision in a cohabitation agreement then when you separate from your partner you will not necessarily be entitled to any kind of financial settlement.

If you have been living together in a property that is solely in your former partner’s name then unless you can prove that you have an interest in the property you may find yourself being asked to leave your home.

Unpleasant as it may be to consider, it’s important to understand what might happen to your assets, you home and any children should you separate.  This is something that our expert team of experienced family lawyers can assist you with.

When a cohabiting couple separate they most frequently disagree about who should pay debts, how any money or other assets should be split and who should care for any children or how much time the other parent should spend with the children.

When a marriage breaks down the starting position is that all assets will be divided equally.  There is often not the end position as the parties often have differing needs.  One party may, for example, need more money than the other because they are caring for the parties’ children.

For cohabitating couples, even in a long-term relationship, there is no equivalent process or automatic claim to the assets or property of the other partner.  The starting position is that each party retains their own money and property, whilst anything owned jointly, including money in joint accounts should be divided equally.

This can be particularly problematic in relation to the former family home.  If you do not own the home jointly with your former partner you would need to establish that you had an interest in the property in some way.  You might, for example, need to show that you made regular payments towards the mortgage or that you contributed to the initial deposit when the property was purchased.  You might also be able to demonstrate that there was an intention that you would have an interest in the property.  You might, for example, have something in writing from your former partner promising a share in the equity.

The best way to resolve any family law dispute is by discussion, compromise and agreement and by taking a constructive and non-confrontational approach to these matters.  If an agreement can’t be reached then it may be necessary to issue court proceedings.  These cases can be complicated particularly if there is little evidence of either a financial contribution being made or a written agreement as to ownership.

Ideally, when a cohabiting couple with children together separate they would work collaboratively to establish an arrangement that is in the children’s best interests.  Often, however, a relationship is breakdown is so fraught that no agreement can be reached.  In those circumstances it might be necessary to apply to the court for a child arrangements order to determine who the children should live with and who the children should spend time with.

If you are currently cohabiting there are steps that you can take to protect your financial interests.  This should not be seen as any kind of negative reflection on the long-term prospects for your relationship but as prudent planning for the future.

If you are planning on buying a property or already have a property with your partner then you should consider making a declaration of trust.  This sets out clearly who has a beneficial interest in the property and in what shares.  This might be particularly important if, for example, one party made a large financial contribution to the purchase price.

You might also consider making a cohabitation agreement setting out rights, responsibilities and liabilities in the event of a separation.

You should also consider making a will.  If you are cohabiting but are not married then in the event that you die and in the absence of a will your partner would not automatically inherit your estate.  This might leave the surviving partner in financial and legal difficulties, they might have to leave their home, for example, at an already distressing time.

Whether you are at the start of your cohabitation journey or your existing relationship is ending our expert team of experienced family law lawyers are ready to assist you.  The issues around cohabitation can be complex and, when a relationship breaks down, it can be important to seek advice quickly to prevent one partner disbursing assets to the detriment of the other.