Personal Law Services
Cohabitation Agreements Solicitors
Cohabitation Agreements can be entered into by any people choosing to live together whether under a commercial arrangement (such as a joint house purchase between brothers) or two people living together, but who choose not to marry.
The only difference between Cohabitation and Separation Agreemtns is the timing of them, these being created at the commencement of the arrangement. These can serve as an express declaration as to how property will be held, the circumstances in which it should be sold and how the proceeds shall be divided on sale. It can also cover other ancillary matters such as the respective contribution to utility bills, mortgage payments, insurances and other household expenditure by the parties, as well as the consequences of not abiding by any particular term of the agreement (if any).
Remember, Cohabitation Agreements can help to set down some practical guidelines for the relationship between yourself and your partner. Thinking these things through early on should make things much clearer and less painful in the unfortunate event of a break up.
Following a recent House of Lords decision, if properly executed and subject to the criteria required by the Court, these agreements can potentially be the last word on the division of the proceeds of a house sale and when a sale should take place. If the agreement deals with how the proceeds of the sale of a house are to be divided, it should be prepared in conjunction with a conveyancing solicitor (for example at the time the property is purchased).
We have a dedicated section which helps to answer all your frequently asked questions about cohabitation
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