Cohabiting Couples Rights to Property in the UK

A cohabitation agreement refers to a legal agreement between two cohabitating partners. The agreement outlines arrangements for property and finances whilst a couple are living together, as well as what will happen if they were to split up later down the line.

You should consider having a cohabitation agreement to protect your financial interests and make matters easier in the event of separation.

If you are cohabitating with your partner, what happens to the property should you split up will depend on the circumstances.

For instance, where you and your partner own the property as joint tenants, the outcome might be that the property is sold, and the proceeds are split.

Alternatively, one partner might buy the other out, with one remaining in the property and the other moving elsewhere.

If just one of the partners owns the property, the other partner may decide to pursue a claim on the property, for example, if they have made significant contributions to home improvements or the mortgage.

Regardless of the scenario, it is not uncommon for ownership disputes to occur, and so, the parties are advised to seek the support of a solicitor where they cannot reach an agreement between themselves.

If your partner owns the property and you separate, you do not automatically have any rights to remain in the property, and your other rights largely depend on the circumstances.

You may have grounds to make a claim on a share of the property, for instance, if you can provide evidence that you have significantly contributed to the mortgage or renovations.

If you would like to learn more about cohabiting rights to property in the UK, including making a claim on a property, please get in touch with our experts at Crisp & Co.

Where cohabiting partners live in a property that one partner owns, if they split up, the partner who owns the property has the right to stay. However, in this scenario, the partner who does not own the property may also be able to gain a beneficial interest in it.

A beneficial interest means that the individual has an interest in terms of the economic value of the property.

Where the partner can show that they made financial contributions towards the property, they could potentially make a beneficial interest claim.

On gaining a beneficial interest, a partner who does not own the property could gain the following legal rights:

• The right to live in the property
• A portion of the profit if the property is later sold
• A portion of the profit if the property is later rented out

Where an unmarried couple are living together, this is classed as cohabitating. These couples do not have the same rights as married couples, and so a number of financial issues may arise if the cohabitating couple split up later.

If you are cohabitating with a partner, you may be confused about your cohabitation property rights. Our experts at Crisp & Co can provide any support and guidance that you may need.

Where the mortgage is in your name, but your partner lives with you, you will automatically have the right to remain in your property if you and your partner split up.

However, if you and your partner separate, and they have made financial contributions to your property over time, they may choose to make a claim on a portion of your property.

If you would like to establish clear property rights as a cohabiting couple, you are advised to enter into a cohabitation agreement, with the help of a solicitor.

If you are concerned about your property rights as a cohabiting couple, and you are interested in drafting a cohabitation agreement, please get in touch with our experts at Crisp & Co.

The common law marriage myth is that, where a couple live together for a long period of time, they have the same legal rights as a married couple. This is not true, and cohabitating couples do not have the same legal rights, regardless of how long they have been living together.

Whether or not you are able to remain in your partner’s home after you split up depends on the circumstances.

If you have a cohabitation agreement, your right to remain in your partner’s property may or may not have been established here.

In some scenarios, where you have made contributions to your partner’s mortgage, you may be able to remain in the property by claiming a beneficial interest in the property.

Property rights for cohabitating couples can be complicated, and so, it is advisable to seek legal advice to resolve any issues or disputes you are facing.

If you would like more information about this, please get in touch with our experts at Crisp & Co.