A cohabitation agreement is a legal document for unmarried couples who live together or plan to live together. It can set out how property, mortgage payments, rent, bills, savings, debts, personal belongings and other financial arrangements should be handled during the relationship and if the relationship ends. Lawson West’s cohabitation agreement solicitors in Leicester can help you understand your rights, prepare the agreement and protect your position before problems arise.
Cohabiting families are now a significant part of family life in the UK. ONS figures show there were 3.5 million cohabiting-couple families in 2025, representing 17.6% of all families. Despite this, unmarried couples do not automatically have the same financial and inheritance rights as married couples or civil partners.
No. In England and Wales, living together for several years does not give unmarried couples the same legal rights as married couples or civil partners. This means a cohabiting partner may not automatically have rights to property, inheritance, maintenance or pension sharing if the relationship ends or one partner dies.
The Law Society also explains that cohabiting couples do not automatically have the same rights as married couples, even if they have lived together for a long time or have children.
1. If a partner dies without leaving a will, the surviving partner will not automatically inherit anything – unless the couple jointly own property. A married partner would inherit all or some of the estate.
2. An unmarried partner who stays at home to care for children cannot make any claims in their own right for property, maintenance or pension-sharing.
3. Cohabiting partners cannot access their partner’s bank account if they die – whereas married couples may be allowed to withdraw the balance providing the amount is small.
4. An unmarried couple can separate without going to court, but married couples need to go to a court and get divorced to end the marriage contract formally.
5. Cohabiting couples are not legally obliged to support each other financially, but married partners have a legal duty to support each other.
6. If you are the unmarried partner of a tenant, you have no rights to stay in the accommodation if you are asked to leave – but each married partner has the right to live in the “matrimonial home”.
A cohabitation agreement, sometimes called a living together agreement, is a legal document for unmarried couples who live together or plan to live together. It records how financial responsibilities, property ownership, bills, savings, debts and other arrangements are dealt with during the relationship and if the relationship ends.
Unmarried couples do not automatically receive the same legal protection as married couples or civil partners. A cohabitation agreement removes much of that uncertainty by setting out clearly what each person owns, what each person contributes and what should happen if the relationship breaks down.
A cohabitation agreement covers a wide range of practical and financial arrangements, including:
If you’d like to find out about arranging a Cohabitation Agreement with your partner, or would just like to find out where you stand, contact Lawson West’s Team of family law solicitors today by calling 0116 212 1000 for our Leicester office or 01858 445 480 for our Market Harborough office. Alternatively fill the Contact Us form and we will contact you directly.
Several situations make a conversation with a cohabitation agreement solicitor particularly worthwhile:
A cohabitation agreement and a declaration of trust serve different but sometimes overlapping purposes. A cohabitation agreement is the broader of the two, setting out the wider arrangements of living together as a couple. It covers how bills are split, how property is treated, how savings and debts are managed, who owns which belongings, and what should happen to all of these if the relationship comes to an end.
A declaration of trust, by contrast, is narrower and focused specifically on property ownership. It records exactly how a property is held between the parties, which is particularly useful where each person has contributed different amounts towards the deposit, the mortgage payments, or the overall purchase price.
Some couples need both a cohabitation agreement and a declaration of trust, particularly where they are buying a property together or one person has contributed more than the other.
A properly prepared cohabitation agreement is enforceable as a contract, provided both people enter into it freely, understand its terms, exchange full and frank financial disclosure, and ideally take independent legal advice. Unlike married couples, cohabitants have no special statutory rights on separation, so a written agreement is the clearest way to set out what should happen to property, finances and other arrangements. Note that arrangements concerning children cannot be made binding in the same way, as the court retains jurisdiction over their welfare.
If unmarried partners separate without a cohabitation agreement, disputes are resolved using property law, trust principles or other legal routes rather than divorce law. This makes disputes more uncertain, more expensive and slower to resolve, especially where one partner contributed to a property they do not legally own.
Moving in with a partner or buying a property together is a big step, and a cohabitation agreement gives both of you certainty from the outset. Get in touch with our Family Law team for a free initial discussion. We will talk through your situation, explain what is involved and recommend the right next step for you.
No. Unmarried couples do not automatically have the same legal rights as married couples or civil partners, even if they have lived together for many years or have children.
No. Common law marriage is not legally recognised in England and Wales. Living together does not give unmarried partners the same rights as spouses or civil partners.
A properly prepared cohabitation agreement is legally binding as a contract. It should be entered into freely, with honest financial disclosure on both sides and independent legal advice for each partner
A cohabitation agreement includes arrangements for property ownership, mortgage or rent payments, household bills, savings, debts, personal belongings, pets and what should happen if the relationship ends.
It is sensible to have one, particularly if you contributed different amounts to the deposit, mortgage or property improvements. You will often also need a declaration of trust to record ownership shares.
Yes. A cohabitation agreement records whether money from parents or family is intended as a gift, a loan or a protected contribution, so it is treated correctly if circumstances change.
Yes. Lawson West’s cohabitation agreement solicitors advise on living together agreements, property arrangements, financial contributions and how to protect your position. As Resolution members, we focus on practical, sensible outcomes.
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