What is cohabiting? The legal definition of cohabitation is a loving arrangement whereby a couple, who is not married or in a civil partnership, live together in the same household. The term cohabiting or cohabitation applies to both same-sex or opposite-sex couples.
Reports by the UK's Office for Nation Statistics have confirmed that cohabiting has become the fastest growing relationship type in the UK. The number of cohabiting couples in the UK has increased by 2.1 million in 25 years.
Cohabiting couples presume that the law will provide them with protection if their relationship should end. This belief is based on the perception that there is an official status of "common-law" husbands or wives, particularly in the case of couple who have lived together for several years. Unfortunately, there is no such legal status and cohabiting couples do not automatically acquire property rights or the entitlement to a share of any assets. The rights of the individuals in a cohabiting couple during a separation are often confusing and professionals advise that cohabiting couples should be aware of the issues. Currently, there is no specific legislation in the UK that deals with cohabitation disputes. The law deals with cohabitation disputes under complex property and trust principles which are applied through civil litigation procedures. These principles do not consider the family dynamic or personal circumstances that have developed during the period of living together.
In August 2022, the UK Government rejected a call for reform on cohabitation laws and greater protection for cohabiting couples with children. The UK Government defended their stance on this rejection on the basis that ongoing marriage and divorce reforms were of a higher priority. At present, a cohabitation dispute is dealt with under the Civil Procedure Rules which do not allow for individual circumstances to be taken into consideration or assessed and entitlements granted proportionately. These two considerations are taken when a dispute is dealt with under the Family Rules.
To avoid an uncertain outcome in the event of the relationship ending, couples living together (or planning on living together) in the UK can enter into a Cohabitation Agreement. A Cohabitation Agreement sets out agreed matters such as who would move out of the jointly owed property if the couple separated, what interest each person would receive if they separated, who would take the family pet, etc.
Couples in the UK can also enter into a Declaration of Trust. A Declaration of Trust confirms the extent of a person's investment into a property at the time of the purchase. Couples in the UK should also have a Will in place to set out that person's wishes with regard to their interest in the property should they die as well as what should happen if one of the cohabitees were to die before the other.
If you wish to have certainty about what should happen with regard to your home and assets, if you are cohabiting, why not contact us to discuss how you and your partner can protect each other and yourselves through the options available? Our Client Relations team are available by calling 01603 693510 or by emailing enquiries@clapham-collinge.co.uk.
