There is no single, legal, definition of cohabitation but broadly speaking, cohabitants are considered to be people who live together as a couple or as partners in a romantic relationship.

Cohabitation is a lot more common for many couples these days. It is, of course, a great way to get to know each other while learning to share a space and a life together.

But in comparison to living together as a married couple, how protected are you in terms of your legal rights and responsibilities?

If you are married or in a civil partnership you have certain legal rights and responsibilities upon divorce or death. However, it has been recognised by the House of Commons and the Law Commission that cohabitants can only rely on a ‘patchwork’ of legal rules in relation to property, trusts and contract. For example, upon death cohabitants do not automatically inherit from their partner as they would if they were married.

Common Law Spouses - The Myth...

So, does living together form a ‘common law marriage’…

The answer is no.

For years there has been belief in that living together with someone makes you common law spouses and that this equally means that the legal entitlements and rights available to spouses and civil partners applies to them too – but that is not true.

What Can You Do To Protect Yourself As A Cohabitant?

You could consider a cohabitation agreement. This is a written signed document which can confirm who owns what and in what proportion, what financial arrangements you have decided to make while you are living together and how property, assets and income should be divided should you separate.

It is also sensible to consider making a Will or revisit any nominations you have made in respect of nomination policies or pensions to ensure that your wishes on death are respected.

If you have any questions regarding this blog or any other family query, you can email me, l.watson@timms-law.com, or call our office to speak to me or another member of the team on 01332 364436. Alternatively, you can visit the family law section of our website here.