A natural step in many relationships.

Cohabitation

A natural step in many relationships, living together (also called cohabitation) can sometimes also result in unforeseen legal issues.

Cohabitation is an arrangement made by two people that are not married but have an intimate relationship and are in a long-term permanent relationship. It is essential for cohabitation partnerships to have a valid Will in place, as co-habitats do not automatically have the right to their partner’s estate if they die. However, if you own the property as joint tenants, the right of survivorship applies, so the joint owner would automatically acquire the deceased share. On the other hand, if you own the property jointly as tenants in common the right of survivorship does not apply.

If you need to ensure your partners security or if you are going through a break-up please contact Jeffrey Mills Solicitors for advice and support.

Living Together

Whilst many couples live together as a test of a relationship, to discuss whether marriage is right for them. Cohabitating causes more legal requirements than marriage, leaving couples in limbo regarding money, property and children.

Cohabitation and Property

Those divorcing need to divide their property and money legally, but the end of a cohabitation relationship has no set guidelines, which can create greater conflict as to who gets what, unless they entered into a prior contract. This can result in a partner accustomed to being supported, facing unexpected financial hardship after the split.

Cohabitation and Children

While children born during a marriage are presumed to be the offspring of the husband and wife, this is not the case for cohabiting couples. The unmarried father of a child is not entitled to a legal presumption of paternity and may have to prove paternity. However, if an unmarried father is named on the birth certificate, they automatically acquire Parental Responsibility. A parent can ask Child Maintenance Service to get involved regarding maintenance and they would only question paternity if the issue was raised by the father.

Cohabitation Agreements

It is a good idea to set up a cohabitation agreement to set out what each person brings to the relationship and in the event of the relationship ending, clarifies property ownership, and list each party’s rights and responsibilities. Married couples also have some advantages when it comes to tax, which Cohabiting Couples should be aware of, if you do not wish to get married.

Jeffrey Mills Solicitors can help put previsions in place to protect yourself and your partner if you are a cohabiting couple. If you require assistance on any aspect of cohabitation call Jeffrey Mills Solicitors.

Family law

For more information on family law

Hiring a Solicitor for their legal knowledge and skills, as well as negotiating with the other party to resolve difficult issues can be invaluable. For more information and advice click the button below or speak to our experts on 01480 219699.

Divorce

For more information on divorce

Our specialists at Jeffrey Mills Solicitors know that going through a divorce or separation can be hard, especially when children are involved. For more information and advice click the button below or speak to our experts on 01480 219699

Children

For more information on children

Jeffrey Mills Solicitors knows that children are at the forefront of the parents’ minds. We can advise on all issues regarding the children. For more information and advice click the button or speak to our experts on 01480 219699

Cohabitation

Hannah Byatt
Director and Head of Family Law Department
Email: h.byatt@jeffreymills.co.uk
Tel: 01480 219699