Unlike married couples, cohabiting partners in England and Wales have no automatic legal right to each other's property. There is no such thing as a 'common-law spouse' in English law. If the relationship ends, the family home and other assets are divided according to strict property and trust law — not fairness. A cohabitation agreement sets out who owns what, how bills are shared, and what happens to the property if you separate. While not automatically legally binding, a properly drafted agreement with independent legal advice carries significant weight in court.
What is a Property Rights for Unmarried Couples?
A cohabitation agreement is a contract between unmarried partners that records their intentions regarding property ownership, financial contributions, and what happens on separation. It can cover the family home, savings, debts, and arrangements for children.
Red flags to watch for
If the property is held as joint tenants, it will be split 50/50 regardless of unequal contributions. A declaration of trust is needed to reflect different deposit amounts or mortgage contributions.
For the agreement to be enforceable regarding property, it may need to be executed as a deed. A simple signature without witnessing may be insufficient.
Courts give much greater weight to cohabitation agreements where both parties had separate solicitors. Without it, one party could argue they did not understand the terms.
Without a trust declaration, the contributing partner may struggle to prove a beneficial interest in the property, relying on constructive or resulting trust arguments.
You cannot contract out of the Children Act 1989. Any clause attempting to predetermine child arrangements is unenforceable.
Circumstances change — children, job loss, inheritance. The agreement should include a process for periodic review.
Your legal rights
Cohabiting couples in England and Wales have no equivalent of the Matrimonial Causes Act 1973 financial remedies. Property disputes are resolved under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) and equitable principles from cases like Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53. Schedule 1 of the Children Act 1989 allows claims for financial provision for children. The Law Commission recommended reform in 2007 (Report No 307) but Parliament has not legislated.
Questions to ask before you sign
- 1Is the property held as joint tenants or tenants in common, and does a declaration of trust reflect our contributions?
- 2Have we both received independent legal advice from different solicitors?
- 3What happens to the property if one of us dies — do we have wills in place?
- 4How will ongoing mortgage payments and household bills be divided?
- 5Is there a review clause so the agreement can be updated?
- 6Does the agreement address what happens if we have children?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.