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).

Find out more about how Clough & Willis can assist with your cohabitation agreement today by calling us on 0800 083 0815 or allow us to contact you by completing our online enquiry form.

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).

When Moving In Together

Before moving in together, it is well worth taking advice as to what rights you have, where you and your partner might stand in all situations and what your responsibilities will both be towards the property and to each other. A Cohabitation Agreement (sometimes called a Living Together Agreement) would constitute an expressed legal declaration as to how you would wish the property to be dealt with in the event that you separated and can be highly unlikely the Court would go behind it given the line of recent case authorities.

If a property is already owned and is to be dealt with in an Agreement as part of capital introduction or other financial assistance, the full circumstances should be explained to a solicitor so they can properly advise.

Whenever there is a dispute, the solicitor would need to know:

  • The history of the relationship
  • A list of both your own assets and those of your partner
  • The value of property
  • The contributions you might each have made to the value of the property
  • Details of your earnings and whether you both have any children

The fact is that if you move in with someone and the house is only in their name, then usually you have no right to the proceeds unless you can prove a substantive financial contribution to the deposit, house or mortgage payments has been done to your financial detriment in reliance of a promise or a common intention/agreement reached between you both as to your having a share in the property.

Even if the house is not in your name it may be that, in the event of a split, you have a right to continue to live there even if asked to leave. Children can have a significant effect on when any property should be sold as it may well be the purpose of the purchase of the property in the first place has not yet been concluded.

If a property is not in joint names there is no automatic right to inherit a property if a partner dies, unless the matter is dealt with in their Will. Indeed, the fact the property is in joint names may not be to automatic inheritance and this is something that should be checked out with the help of a solicitor.

Contact Us

With offices in Bolton and Bury, Clough & Willis is here to help with your cohabitation agreement. Call us on 0800 083 0815 or complete our online enquiry form and we will call you back at a convenient time.

 

Cohabitation FAQs

We have a dedicated section which helps to answer all your frequently asked questions about cohabitation

Family Law News

BREXIT - How does this affect family law?

July 7th

Whilst the result of the referendum creates a current period of uncertainty the effect of European Legislation will continue for the foreseeable future until we do actually exit the Union. U… Read More

The rise of the "divorce mortgage"

June 3rd

Lenders are considering the offer of a product aimed at those having to cope with divorce and buying out the other spouses interest in the family home. Under the proposed plan, the lender wo… Read More

Prenups are for the rich only say Judges

April 27th

Prenups are for the rich only say Judges Read More

Read all Family Law news

What Our Clients Say

Having to go through the difficulties and complexities of a divorce, I am extremely pleased to have received the best possible legal advice and guidance from Marie. Marie has ensured that I have had my interests protected at all times, enabling me to relax, in the knowledge that all would be sorted.

Mr Willis

I just wanted to say thank you for your advice. I left your office feeling a lot better than when I went it. Your help and advice has really helped me

Client Satisfaction Comment

Particular thanks to Marie Whittaker and excellent choice of Barrister. Guided and helped us through a difficult and stressful time.

Ms Fallows

A big thank you to Mrs Whittaker I found her to be professional yet understanding in what has been a very difficult time for myself.

Ms Geraghty

You were great from start to finish. We were very fortunate to have Marie representing us. Many thanks to you all.

Mr Barlow

Marie helped me through a really rough time in a very professional manner.

Ms Jackson

Extremely pleased with the professionalism, the clear cut explanations and the manner in which my case was dealt with. Would have no hesitations in recommending Marie.

Ms Makin

I was extremely happy with the way Marie handled my divorce. She made it a less painful experience than it may have otherwise been. I have recommended her to a colleague who I also think is very happy.

Ms Witty

Marie kept me informed throughout a hard long winded case which was no fault of Clough & Willis. The case was concluded as quickly as possible with the least expense to me. Will use you again for sure.

Mr Evans

Everything was very professional and quick. I would use Clough & Willis in the future, if needed.

Mr Raw

My experience has been very positive, you are a great team! Always welcoming, always approachable and always efficient and professional. Marie supported me throughout a complex divorce and allowed me to do things in my own time and in my own way – this was important to me.

Ms Hawly

I was very happy about the service I received from Lee personally. He was very through in all areas and always kept me informed.

Mr Beadlestone

Thank you for doing your job so well! We are really grateful for your knowledge, expertise and professionalism which definitely helped to make an awful situation move along as smoothly as it could.

Ms Bentley

It is always good to know that I have a trusted advisor when I need help in the future, especially someone like Lee with his sympathetic manner and understanding nature. Not forgetting his sense of humour.

Ms MacKechnie

Thank you very much Lee for your support, help and advice in such a traumatic period of time. You were so professional. Thanks to you and your team I can forget about the last ten years. The house has finally been sold and I can get on with my life. I can’t wait to see what happens next.

Mr Price

Read all testimonials