# Cohabiting Couples: Your rights and the law
Author:  Pal Sinha, Barnali 
Author URL: https://financedigest.com/author/pal-sinha-barnali
Published: 2021-02-03
Category: LIFESTYLE
Category URL: https://financedigest.com/category/lifestyle
Meta Title: Cohabiting Laws: What You Need to Know as a Couple in the UK
Meta Description: Learn about your legal rights as a cohabiting couple in the UK. Understand the importance of cohabitation contracts and declarations of trust to safeguard your
URL: https://financedigest.com/cohabiting-couples-your-rights-and-the-lawhtml

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Cohabiting refers to couples who live together but are not married or in a civil partnership, but do you know your laws as a cohabiting couple?

And with many cohabiting couples struggling to make their relationship work in the mundanity of lockdown, below regulated property buyers, [GoodMove](https://goodmove.co.uk/) has revealed everything you should be aware of if you’re a cohabiting couple in the event of separation.

**Marriage vs cohabiting**

Under UK law, cohabiting couples don’t have the same legal rights as married couples, meaning if you and your partner were to separate, you wouldn’t be automatically entitled to shared property or pensions, and you wouldn’t be able to seek financial assistance either.

If you separate when you’re married, you have a right to not be evicted from a family home. However, when you’re unmarried and [living with a partner you don’t have the same right of occupation to your property](https://www.financedigest.com/high-streets-remain-an-important-factor-for-people-choosing-where-to-live-property-investors-on-alert.html "High streets remain an important factor for people choosing where to live – property investors on alert").

In the event of a separation, you’d generally keep the assets that are in your name, and your ex-partner would do the same. However, if you’re unmarried but bought a home in both your names, it’s [important to bear in mind](https://www.financedigest.com/minding-the-gap-the-importance-of-inclusive-financial-strategies-as-digital-currencies-rise.html "Minding The Gap: The importance of inclusive financial strategies as digital currencies rise ") that you wouldn’t necessarily get a 50/50 split in the home if you chose to sell. If it goes to court, factors such as the split in rent and mortgage payments would come into play, meaning you might not get a fair deal.

And if your partner dies without a will, you wouldn’t be entitled to their estate either as a spouse generally would. This all sounds a bit bleak – but not to panic. There are certain legal documents you can [put in place to protect yourself against these things](https://www.financedigest.com/techie-turn-offs-top-7-things-that-put-talent-off-applying-for-tech-roles.html "Techie turn-offs: Top 7 things that put talent off applying for tech roles") happening in the event of separation.

**Cohabitation contracts**

A cohabitation contract, or living together agreement, is a legal agreement that outlines the rights and obligations you and your [partner have towards each other while you live together](https://www.financedigest.com/eurowings-partners-with-smartwings-to-sell-flights-together.html "Eurowings partners with Smartwings to sell flights together").

As there aren’t any cohabiting laws that decide how assets are divided, making a contract like this can help to make things easier if you do separate while living together.

**Declarations of trust**

One step further than a cohabitation contract, a declaration trust is a formal [legal document that outlines what will happen to your shared property](https://www.financedigest.com/property-letting-could-become-a-legal-minefield.html "PROPERTY LETTING COULD BECOME A LEGAL MINEFIELD") and how you’d like it to be divided in the event of separation.

It might not be something you’d like to think about as you [move into a new home with your partner but making a declaration](https://www.financedigest.com/life-is-moving-forward-china-declares-new-covid-phase.html "‘Life is moving forward’: China declares new COVID phase") of trust means that you’re both protected and have legal rights _if_ something goes wrong down the line.

Nobody wants to think the worst when they move in a partner, but Becky, 25 from Manchester wishes she thought more into it when she moved in with her partner: “When my ex-boyfriend and I broke up, we found it really tough to navigate the splitting up of assets, and although we were amicable, it definitely brought more tension into the situation.

“Because he had moved into my flat that I lived in before, it was agreed that I would stay there, and he would move out. However, there were so many items we had bought together that we both felt we had a claim to, from expensive things such as an armchair and TV, to little furnishings like wall art and plants. He felt he should get them as I got to [keep the flat and he needed to find somewhere to live](https://www.financedigest.com/cost-of-living-crisis-consumers-keep-spending-for-now.html "Cost of living crisis? Consumers keep spending for now"), and I thought I should have them because otherwise, I’d have to rebuy everything. In the end, we [managed to work](https://www.financedigest.com/new-research-suggests-over-13-million-brits-were-inadequately-managed-while-working-remotely.html "NEW RESEARCH SUGGESTS OVER 13 MILLION BRITS WERE INADEQUATELY MANAGED WHILE WORKING REMOTELY*") it out fairly, but if I knew things such as cohabitation contracts were available, I would have certainly put one together to save the additional stress and upset of splitting up assets on top of a breakup.”

Commenting, Nima Ghasri, Director at Good Move, adds: “Living together is a huge and [important step](https://www.financedigest.com/eu-u-s-step-up-russian-aluminium-nickel-imports-since-ukraine-war.html "EU, U.S. step up Russian aluminium, nickel imports since Ukraine war") for any couple. But cohabiting couples should be aware of the law, and make sure that their cohabiting rights are protected with legal agreements like a declaration of trust or cohabitation agreements in the event of a separation. Although nobody wants to think the worse when you’re moving in with a partner, it’s important to make sure you and your [assets](https://www.financedigest.com/how-to-best-protect-assets-following-major-global-shifts.html "How to Best Protect Assets Following Major Global Shifts") are protected.”


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