Cohabitants’ Rights Solicitors
Breakthrough Solicitors provides expert legal advice for cohabiting couples and individuals seeking to clarify and protect their rights
Start with a straightforward, free initial consultation with a family lawyer to understand your options.
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
Why choose Breakthrough Solicitors for your cohabitation matter?
Choosing to live together is a significant step, but it’s important to understand your legal standing. In England and Wales, “common law marriage” does not exist. This means unmarried partners do not have the same automatic rights as married couples regarding property, finances, or inheritance.
At Breakthrough Solicitors, we help you replace legal uncertainty with clear, practical advice. Whether you are moving in together or are navigating a separation and need to secure your share of a home, we provide the expert guidance you need to move forward with confidence.
Why Choose Breakthrough Solicitors?
- Experience in Property Law: We can advise you in navigating complex property laws, such as TOLATA, to help you determine ownership shares and protect financial contributions.
- Strategic and Solutions-Focused: We provide a clear roadmap to evidence your financial and non-financial contributions, helping to protect you even if the relationship ends.
- Constructive and Amicable: We prioritise negotiation and alternative dispute resolution (ADR) to resolve property and financial disagreements without litigation.
- Inclusive and respectful: We proudly support all families, including LGBTQ+ clients, and approach every case with sensitivity and respect for different family structures.
- Flexible locations and remote support: We work with clients across England and Wales—remotely or in person at our offices in Buckinghamshire, Berkshire, Hertfordshire, Middlesex, and London.
- Multilingual advice: Clear, jargon-free legal advice available in English, Hindi, Gujarati, and Cantonese.
- Convenient meeting times: We offer flexible appointments:
- Monday – Friday: 8am – 8pm
- Saturday: 9am – 6pm
- Sunday: 11am – 5pm
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
How Breakthrough Solicitors support you with cohabitants’ rights
Navigating the law for unmarried couples requires a precise approach, as the courts do not apply the same “fairness” principles used in divorce.
Whether you are defining your intentions at the start of a relationship or establishing your interest in a property after a split, having a clear legal framework is essential.
Our approach:
- Initial consultation: A confidential discussion to understand your situation and priorities—whether that’s property, finances or children.
- Legal assessment and evidence: We help you gather and review key evidence, such as bank statements, and declarations of trust to establish a clear picture of your legal position.
- Financial disclosure: We facilitate a transparent exchange of information regarding assets and income to help ensure any agreement you sign carries legal weight.
- Drafting bespoke agreements: We create tailored Cohabitation Agreements or Deeds of Trust that clearly outline how mortgage payments, bills, and property equity are handled, reducing the risk of future conflict.
- Negotiation and ADR: In a dispute, we prioritise mediation and solicitor-led negotiation. This helps you resolve property or child maintenance issues in a private, constructive setting.
- Court representation and litigation: If matters cannot be resolved through ADR, we provide representation in formal proceedings, including TOLATA claims for property and Schedule 1 applications for financial support for children.
- Independent legal advice: We coordinate with your partner’s legal representative to finalise terms, helping ensure security and clarity for both parties.
- Ongoing support: We offer advice on updating your agreements when significant life events occur—such as the birth of a child or a change in financial circumstances—to keep your protections relevant.
Common legal challenges for cohabiting couples — and how we build a robust framework to help protect you
Unlike marriage, there is no automatic “50/50 split” or fairness principle for unmarried couples.
Under TOLATA, the court cannot redistribute assets based on what is fair; it can only declare ownership based on property law and evidence provided. This can leave one partner vulnerable if intentions were never legally recorded.
Key ways to strengthen your position:
- Challenging the “common law marriage” myth: Living together doesn’t grant automatic rights. We provide a realistic assessment of your actual legal standing regarding property, assets, and finances.
- Determining “beneficial interest”: If a home is in only one name, the other partner may still have a claim based on financial contributions or promises made. We help you gather the evidence needed to establish or defend these rights.
- Drafting proactive agreements: A Cohabitation Agreement acts as a “living together” contract. We help you define ownership from the outset to prevent disputes if the relationship ends.
- Securing provision for children: Beyond maintenance, unmarried parents can seek capital for a child’s housing or specific needs. We can help advise on these matters.
- Managing shared debts and costs: We help you draft precise terms outlining responsibility for mortgages and joint loans.
- Protecting inheritances and investments: If you used personal savings or an inheritance for a property deposit, we can help you protect your investment.
Your Rights and Options as a Cohabiting Partner
In England and Wales, unmarried partners do not share the same automatic rights as married couples. Defining your position legally is the only way to ensure your contributions are protected.
Whether you are moving in together or navigating a separation, we help you:
- Establish your share of the home via TOLATA
- Protect deposits and inherited wealth using a Deed of Trust
- Clarify how savings, assets, and debts are handled
- Secure housing and financial support for children via Schedule 1
- Resolve property disputes amicably through ADR
- Formalise shared intentions and financial responsibilities
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
How to start your cohabitation matter with Breakthrough Solicitors
Taking the first step can feel daunting, but having the right guidance makes all the difference.
Our simple process
- Get in touch: Contact us by phone, email, or online enquiry form.
- Free initial consultation (up to 30 minutes): Speak with an experienced family solicitor, understand your options, and ask questions — with no obligation.
- Fixed-fee one-hour meeting – £295 (incl. VAT): Meet with Akash Soni and a member of his team to discuss your case in detail, understand how the law applies to you, and receive a tailored strategy.
(We’ll ask for documents in advance for KYC and AML checks.) - Formal instruction: If you choose to proceed, we will send you a client care letter and request a deposit (usually £500, depending on complexity).
- Ongoing support: We take action on your behalf, negotiate where possible, and represent you where required — keeping you informed at every step.
Flexible Support That Fits Around You
✓ Remote or Face-to-Face Meetings
We offer meetings remotely via video call, or in person at our offices in Amersham, Beaconsfield, Berkhamsted, Chesham, Chorleywood, Gerrards Cross, Harrow, High Wycombe, Mayfair, Milton Keynes, Rickmansworth or The Chalfonts — whichever suits you best.
✓ Advice In Multiple Languages
Support available in English, Cantonese, Hindi, and Gujarati.
✓ Extended Working Hours
Speak to us 7 days a week, including evenings and weekends.
Speak to a family law solicitor today!
Owner of Breakthrough Solicitors
Solicitor & Mediator
Father of Two
Frequently Asked Questions About Cohabitants' Rights
What is cohabitation?
In a legal context, cohabitation refers to two people living together as a couple in a committed relationship without being married or in a civil partnership.
Unlike marriage or civil partnership, cohabitation does not create a legal status, and partners do not automatically gain rights over each other’s property, finances, or estate.
Any rights you do have come from ownership, contributions, or specific agreements such as a cohabitation agreement.
Why do people cohabit?
While cohabiting is a natural progression for many, it is often a practical decision made without realizing the lack of legal protection. Common reasons include:
- Testing compatibility before marriage or civil partnership.
- Financial practicality by sharing rising rent, mortgages, and bills.
- Personal preference for a committed relationship without a legal ceremony.
- Raising children together in a modern family structure.
- Gradual integration where one partner moves in and begins contributing to a shared home.
What is a cohabiting agreement?
This is a written contract that provides clarity on your financial and personal arrangements. It is likely to be considered binding by a court provided both parties sought independent legal advice. Key areas included are:
- Property ownership and equity proportions.
- Responsibility for outgoings and maintenance.
- Protection of assets owned by one party alone.
- Financial arrangements if the relationship ends.
- Arrangements for children and their future stability.
Is a cohabitation agreement legally binding?
Technically, a cohabitation agreement is a contract. While it does not have the same automatic statutory power as a court order in a divorce, it is generally held to be legally binding as long as it is drafted correctly and follows specific legal principles.
To try and ensure an agreement carries the necessary weight and is likely to be upheld by a court, the following criteria should be met:
- Contractual intention: Both parties must clearly intend for the agreement to be legally binding.
- No duress: Both individuals must enter into the agreement voluntarily, without being pressured or forced by the other.
- Independent legal advice: To prevent a “fairness” challenge later, it is vital that both partners receive advice from separate, independent solicitors before signing.
- Full financial disclosure: Both parties must be completely honest about their assets, debts, and income. If one partner hides assets, the agreement could be set aside.
- Formal execution: The agreement must be a formal “deed,” meaning it is written, signed, and witnessed.
- Regular updates: If significant life changes occur—such as the birth of a child—the agreement should be reviewed and updated to help ensure it remains relevant and enforceable.
Our cohabitation rights lawyers can help you draft a clear, fair document that helps protect both partners and reduces the risk of future disputes.
What happens if I split up with my partner?
When a marriage ends, the law uses a “fairness” lens to divide assets. However, when an unmarried couple splits, the process is governed by civil law and property rights.
Essentially, the focus shifts from your needs to your legal entitlements.
What is the legal process for deciding who gets what once a cohabiting couple separate?
There is no single legal process for dividing finances when cohabiting couples separate. Unlike married couples, cohabitants do not have rights under the Matrimonial Causes Act 1973, and there is no equivalent system that allows them to apply for spousal maintenance, pension sharing, or a general financial order.
Because of this, you cannot ask a court to make the same types of financial orders that are available on divorce or civil partnership dissolution. Instead, any claims must be based on property law or children law, such as:
- TOLATA claims (Trusts of Land and Appointment of Trustees Act 1996) to determine who owns or has an interest in a property.
- Schedule 1 Children Act applications for financial provision for children, such as housing or maintenance.
- Contractual agreements, such as a Cohabitation Agreement, if one exists.
These routes are narrower and more complex than the financial remedies available to married couples, which is why many cohabiting partners choose to put a cohabitation agreement in place while the relationship is stable.
Does my former cohabiting partner have automatic rights to my assets?
No. If you have been living together as an unmarried couple, your partner does not have any automatic rights to your property, savings, investments, or other assets if the relationship ends.
Cohabitation does not create a legal status, and there is no concept of “common‑law marriage” that gives partners financial claims over each other’s assets. This is why unmarried couples in England and Wales “still have no automatic rights concerning property [or] finances” when they separate.
What happens if a cohabiting couple jointly owns property?
If your home is registered in the Land Registry in joint names, either of you can apply to the court for an order. What will happen to the property will depend on how you and your ex-partner ‘held’ the property.
The property will either be held as joint tenants or as tenants in common in equal or unequal shares. If it is held as joint tenants, the property will be sold and the profits shared equally between the two of you, unless there is a dispute that requires the court to decide on a different share.
If it is held in common, the proceeds will be shared between you according to your share in the property.
What happens if my ex-partner does not want to sell the property?
If your former partner refuses to sell a property you own together, you can apply to the court for an Order for Sale under TOLATA.
This allows the court to decide whether the property should be sold, who has the right to occupy it, and how the sale proceeds should be divided.
What if the home is held in the name of only one of the parties?
It may be possible for the partner who is not listed as an owner to show they have an ‘interest’ in the property, and to claim a share of any sale as a result. This partner will need to show evidence of an implied, resulting or constructive trust in their favour.
If this can be shown, the court may decide that they do have an interest in the property, even though they are not listed in documents as an owner.
The judge will then ask for a valuation of the property to be carried out for the parties to attempt to decide between them what share of the property they are each entitled to.
If this cannot be sorted out between them then a full hearing will be organised with each party giving evidence and the judge making the final decision on what each party’s interest is.
Going through this process can be very expensive, so it may be in everyone’s interests to reach an agreement without going to court.
What happens if the cohabiting couple has children?
It is possible for either party to make claims against the other for financial support to help care for the children.
This can include asking the court to make an order that the wealthier partner provides the children, and their ex-partner if that is who the children will be living with, with somewhere to live.
This will only be the case until the children reach adulthood – after this, the adult will not be entitled to live in a home provided by their ex-partner.
Do you need a solicitor for a cohabitation agreement?
While it is technically possible to write your own agreement, doing so carries significant risks. Because cohabitation law in England and Wales is governed by complex contract and property rules rather than the more flexible family courts, the wording of your agreement must be precise to be enforceable.
A “DIY” document often lacks the legal rigor required to stand up to scrutiny in court.
Our cohabitation solicitors can help you draft a legally sound contract that reflects your specific financial contributions and future goals.
For more information, contact our family law team today on 01494 776696 or email [email protected].
What happens in the free consultation?
A 30-minute, no-obligation call where you discuss your situation and options with an experienced family solicitor.
What is the fixed fee meeting?
A one-hour advice session costing £295 (including VAT), where we provide tailored legal advice and a clear strategy going forward.