Fact Sheets

Legal Guidance for Co-habitees

20 questions All Co-habitees Should Answer

Many unmarried people who choose to live together take the prudent step of insuring themselves and their property against accidents which they do not intend to happen but which might just possibly occur at some unknown time in the future.

Nevertheless, these otherwise sensible people take no steps to ensure that the relationship itself, and the consequences of co-habiting, are “insured” against unexpected future difficulties.

Why is that?: Often it is the fear of appearing to show doubts about the relationship or a lack of trust at the outset, and the fear that this will cause offence to their partner or co-occupier. Sometimes it is just a failure to appreciate the consequences, a failure that can cause much heartache in the unexpected event of a break-up. Problems can arise for all co-habitees not just couples.
The experiences of life show that trying to resolve such issues whilst in the midst of unforeseen problems only serves to complicate that process.
It is far better to start out with a clear road-map covering possible future events and decisions, than trying to resolve issues in the emotional turmoil of complications in the relationship.
Take Advice: We would always advise you to seek the guidance of a trained solicitor who can explain to both of you the best ways to remove as much of the unknown from the future as possible and to provide clear documentation to achieve this objective.
To find out more about your rights, obligations and how to protect your position contact Karen Eves, Alison Whistler or John Lennon at:
Colemans Solicitors 21 Marlow Road, Maidenhead SL6 7AA Tel: 01628 631051

20 Questions All Co-habitees Should Answer

Have you decided how you will split the outgoings on the property if you subsequently separate but the house remains unsold?
If you separate and you jointly own the property do you know whether it is possible to buy out your cohabitee's share and how this would be dealt with?
Have you agreed on what will happen to the contents in the event of separation particularly if they have been jointly purchased?
If manual work is carried out on the property by one party have you agreed how this should be taken into account in terms of shares in the property?
Do you know whether it is possible for your partner to obtain a court order to evict you from the property even if the property is in your sole name?
What happens in the event of a separation when one party refuses to sell?
Have you entered into a cohabitation without being legally advised of your/your cohabitees rights?
Do you realise that the costs involved in ascertaining your rights/obligations and resolving any disputes while you are in a relationship are likely to be much less than trying to resolve them after that relationship has ended.
Can you be liable for any debts run up by your co-account holder even if you have a joint account just to fund mortgage and household payments?

Are “Common Law” relationships treated the same way as married couples in financial and property matters?
Do you know how the law will deal with the property in which you both live if you subsequently decide to separate?
Will having children affect this?
What benefits can a Cohabitation Agreement provide?
Do you know the difference between a Joint Tenancy and a Tenancy in Common?
Do you know how to sever a Joint Tenancy and when it is advisable to do so?
Do you know what will happen to your property if you die without making a Will?
Do you know how your cohabitee's contributions towards the mortgage may affect your entitlement to a share in it?
Do you know how your contributions to the deposit on the purchase of your property may affect the share to which you may be entitled?
Do you know how your payments for improvements to the property may affect your entitlement to a share in it?
Have you decided how you will contribute to the outgoings on the property and the implications of this?