Cohabitation Agreements
Our cohabitation agreement solicitors in Sheffield understand the law relating to couples who cohabit is more complex and has not kept up with modern relationships, It is therefore very important that if you are considering living together, that you know your rights. The outcome if you separate may be very different to what you expect and the cost of pursuing cases to court is expensive, protracted and uncertain. In addition, you could end up paying the other persons costs if you are unsuccessful.
There is no such thing as a common law wife or husband. You may own your own home and want to protect it from a new partner, unless you enter into an agreement about your individual rights over the property, you cannot be sure your interest will be protected.
So what are your rights if you live together? Due to the complex nature of the law in this area, we recommend our client’s consider setting out their intentions before they start to cohabit in a cohabitation agreement.
Whether you are considering moving in with someone, or buying a house together, it is important that at the outset you set out your plans regarding your cohabitation and what to expect should you separate.
We understand your needs and concerns and so for example, you may need advice on:
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How do you preserve the equity you already have in your home if someone is moving in?
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How do you secure your financial interest in a property if you are paying for renovations or improvements?
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If you are buying a house together, what if you have savings or proceeds of sale from a former home which you intend to invest in the new property but wish to protect if you separate?
- What if you and your partner are buying a property in unequal shares?
We always recommend a cohabitation agreement which will:-
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Set out the value of any property which a party has brought to the relationship
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Clearly define who will be paying for what whilst living together e.g. one party may pay the mortgage and they will then share equally the remaining Council Tax and utility bills and
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Confirm what will happen should the relationship come to an end such as who will be moving out, in what time scale and what will they take with them.
Our solicitors are used to negotiating the difficulties which stem from the breakdown of a cohabiting relationship. We know what issues arise and are experienced in drafting agreements which clearly set out what will happen when a couple separates, lessening the worry and allowing the couple to enjoy living together, without uncertainty.
Contact us to book your free initial appointment (30 minutes) via email by clicking here or call us on 0114 266 6660.
FAQs
What is a common law spouse?
There is no such thing as a common law spouse, regardless of how long you have been together. If you live with your partner you are cohabitees and the legal principles that apply will depend on your circumstances (such as whether you own property together). Matrimonial law will not apply.
Can I protect my home if I decide to cohabit?
You can enter into a cohabitation agreement which will set out that you will retain the property on separation. A cohabitation agreement can also deal, amongst other matters, with what will happen if any property is bought jointly and who will pays which outgoings whilst you are living together. The law relating to those that cohabit is complex and we always recommend that such an agreement is put in place before clients start to cohabit.
