Moving in with someone is a big step – but there are legal implications you need to consider.

A couple who are living together as if they are a married couple are entitled to make claims against one another on separation or death. These can include claims against certain household goods, money and property.

After separation

If a cohabiting couple separates, one partner may be able to ask the court for a lump sum of money (a capital sum payment). This is only possible if:

• The other partner benefited financially from their contributions (like money, time, or effort), and
• They have lost out financially by supporting their partner or a child they had together.

A separated partner can also ask for help with the costs of caring for a child from the relationship.

The court will examine both sides to determine whether the separated partner gained anything financially and whether their partner lost out, to make a fair decision.

Please note: this kind of claim must be made within one year of separating.

If one partner dies without a will

If one partner dies and doesn’t leave a will, their partner may be able to claim:

• A lump sum of money (a capital sum payment)
• A transfer of property
• Or another type of financial support

This is only available if the partners were living together as a couple when one died.

An application must be made within six months of their death.

Protecting your assets

There are steps you can take to protect your assets on separation and death, including entering into a cohabitation agreement at the outset of your cohabitation.

Cohabitation agreement

A cohabitation agreement allows you to regulate how property, finances and even child-related matters arising from your relationship will be dealt with on your separation or death.

Very often, a cohabitation agreement will be drawn up to protect one party’s investment in a jointly owned property, where the parties are not making equal contributions towards the purchase price.

Alternatively, one party may wish to invite their partner to move into their own property, and a cohabitation agreement will regulate that arrangement.

If the relationship breaks down, having this kind of agreement in place can save unnecessary acrimony, uncertainty and expense for both parties.

Entering into such agreements may not be romantic, but they can dispel fears and remove uncertainty, which may otherwise cause difficulties in a relationship.

Our Family Law Team is experienced in drawing up cohabitation agreements, always tailoring them to meet each individual client’s needs.