Cohabitation Lawyers

Navigate Cohabitation Matters with Experienced Cohabitation Lawyers at RJS Family Law

You need to know that there is no such thing as a ‘common law husband or wife;’ the law does not provide the same protection to unmarried couples as it does to married ones. Unmarried couples splitting up often face unique legal challenges, particularly concerning property rights and financial arrangements.

Understanding Cohabitation and Your Rights

Cohabitation can involve several legal issues that need careful consideration and expert guidance to resolve effectively. Our experienced cohabitation lawyers at RJS Family Law can help you understand and protect your rights.

Child Maintenance

Child maintenance is payable regardless of marital status. It ensures that children are financially supported by both parents. Use the government calculator to determine the amount of child maintenance you should be paying or receiving. Our solicitors can help you navigate child maintenance agreements to ensure fair support for your children.

Ownership of Houses / Legal Ownership

The legal ownership of a property is recorded on the title deeds and can be held as:

  • Joint Tenants: You own the property in equal shares, regardless of individual contributions.

  • Tenants in Common: You own the property in specified shares, which can be equal or according to the contributions made.

If you're unsure of your property's ownership status, you can obtain a copy of the title deeds from the Land Registry for a small fee. A declaration of trust, drafted at the time of purchase, can also protect your contribution. Changing the recorded ownership is difficult and requires strong legal grounds.

Beneficial Interest

If you moved in with your partner who already owned the property or only one of you was listed on the deeds, claiming a beneficial interest can be complex. This involves trust law and proving an interest through:

  • Implied Resulting Trust: Direct contributions to the purchase price, with a return proportionate to the financial contribution.

  • Implied Constructive Trust: An express or inferred agreement to share the property, with direct financial or significant non-financial contributions (e.g., manual labour).

  • Proprietary Estoppel: An enforceable promise made between parties, where one party acted to their detriment based on this promise.

Establishing a beneficial interest claim requires proving detrimental reliance and calculating the monetary value of the claim. It's a complicated area of law, but one where RJS Family Law has had significant success in both defending and pursuing claims.

How RJS Family Law Can Help

Our experienced cohabitation lawyers can assist you in the following ways:

  • Legal Advice and Rights: We provide comprehensive advice on your legal rights and entitlements in cohabitation matters.

  • Negotiation and Representation: Our solicitors can negotiate on your behalf and represent you in court to protect your interests.

Drafting Agreements: We help draft cohabitation agreements to outline financial arrangements, property rights, and other important matters, ensuring clarity and legal security.

Why Choose RJS Family Law?

Family Law Specialists: With focused expertise in family and cohabitation law, RJS Family Law understands the unique challenges faced by unmarried couples. 

  • Personal Approach: You will deal with the same faces throughout your matter. Our team is friendly, approachable, and available to answer any questions at any time. 

  • Free Initial Consultation: Meet the RJS team and discuss your issues without spending a penny! 

  • Accessible Location: Easily find our office without the hassle of city centre traffic, and enjoy free parking.

For more detailed information or to start addressing your cohabitation matters, contact us today.

  • It’s rare that RJS Family Law get asked to produce a Cohabitation Agreement, but with more and more couples and friends cohabiting, for a whole variety of reasons, we really do wish people would give such an agreement the consideration they so rightly deserve; since in the long run, they have the potential to save both money and stress!

    A client bought a house in her sole name. As so often happens, a boyfriend moved in and being handy, he undertook some renovation work to her property.

    Her boyfriend lived rent free and didn’t contribute to household expenses at all and after 3 years, the relationship came to an end.

    Our client recognised the work that her boyfriend had done to the property BUT also recognised the fact that he had lived rent free and made no contributions to any household expenditure during their 3-year relationship.

    Our client’s ex tried to claim beneficial interest in her property. Subsequently, 4 years of expensive court proceedings ensued and eventually our client’s ex lost the case. This meant that he had to pay our client £70k; furthermore, he cost himself an additional £60k in legal fees!

    In this instance, a Cohabitation Agreement would have set everything out, clearly defining what would happen and who would be entitled to what in the event that both parties went their separate ways.

    RJS Family Law are experts in Cohabitation Agreements.

    To find out more: rachel@rjsfamilylaw.co.uk

Testimonials

  • “Rachel at RJS has been nothing but helpful in helping me gain a prenup prior to my marriage. She's explained everything in great detail, been honest about my options and dome everything in a timely manner. Can't thank her enough, highly recommend.”

    Leah

Item 1 of 3

For more detailed information or to start your process, contact us today.

FAQs

  • A cohabitation agreement is a legal document that outlines the financial and property arrangements between unmarried couples living together. It covers aspects such as ownership of property, division of assets, financial contributions, and arrangements for children. Having a cohabitation agreement helps prevent disputes and provides legal clarity and protection for both parties in case of a separation. At RJS Family Law, our experienced solicitors can help draft a comprehensive cohabitation agreement tailored to your needs.

  • Unlike married couples, there is no automatic right to financial support (spousal maintenance) from your partner when you separate if you are cohabiting. However, you can claim child maintenance if you have children together. In some cases, you might be able to claim a share of property or assets if you can prove a beneficial interest. Our cohabitation lawyers at RJS Family Law can provide advice and representation to help you understand and pursue your entitlements.

  • If you and your partner jointly own property and decide to separate, the property will generally be divided based on the type of ownership. As joint tenants, the property is usually split equally. As tenants in common, the property is divided according to the shares specified at the time of purchase. If there is a dispute, the court may need to intervene to determine a fair division. At RJS Family Law, we offer expert legal advice and representation to ensure that your property rights are protected during separation.