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Gifford Cairns Guide to Cohabiting Couples

Protecting yourself legally as Cohabitants 

Living together without getting married? You’re not alone. With over 3.6 million cohabiting couples in the UK, it’s the fastest-growing family type.

But unlike married couples, cohabitees don’t have automatic legal rights if things go wrong. That’s where a cohabitation agreement comes in.

Whether you’re buying a home together, sharing finances, or just want clarity on what happens if you separate, a well-drafted cohabitation agreement can protect your interests.

This helpful guide should be of use to couples thinking about purchasing property together and covers some of the uncomfortable conversations that must be discussed.

During the below discussions, it is important to:

  1. Remain calm.
  2. Be realistic.
  3. Understand that your discussions are for the benefit of both of you.
 

Here are our tips to unmarried couples thinking about buying property

  1. Talk About Your Joint Future and Individual Ambitions.

It is important to get the most awkward conversations settled at an early stage, before you enter into any binding agreements. You must discuss why you want to live together, outlining your joint future and your joint ambitions together.

You must determine whether this joint future aligns with your individual career goals; this is extremely important when thinking about the geographic location of your future job prospects.

Examples:

Where do you see us living and working in 5-15 years?

Would you like to have children? Where do you want to raise our children?

Do you think work will ever ask you to move abroad?

 

  1. Talk About Your Lifestyles.

Consider the way you live your lives now and whether this will be subject to change when moving forward. Do you live to work, or do you work to live? You should discuss your current habits and whether these are sustainable moving forward. It is critical that you have alignment with the way you live your lives, or at least a discussion about these factors.

Examples:

Do you think you will carry on staying up too late on your X-Box every night?

Do you want to go out clubbing every weekend, even if we have kids?

What are your feelings about the way I currently live my life?

 

  1. Think About Your Finances.

This part may cause arguments, which is why you should retain level heads and a sense of realism. You should be honest, projecting your career prospects and salary limitations moving forward.

However, the most important discussion on your finances should be focused on the financing of the property. Decide whether you will own the property as joint tenants (equal shares) or tenants in common (specific percentage shares). If one of you contributes more to the deposit, a Declaration of Trust can protect that interest.

Examples:

What happens if one of us loses our job or can’t keep up with mortgage payments? Will we sell, refinance, or will the other person cover the shortfall?

If I pay more towards the deposit, does that mean I should own a bigger share of the property?

Would you be okay with me covering more of the mortgage now, but expecting you to contribute more if your salary increases later?

If I earn more, should I be paying a bigger share of the bills, or should we split everything 50/50?

 

  1. Understand the Effect of Your Ownership.

🏡 Joint Tenants – Both partners own the property equally (50/50 split), and if one dies, their share automatically passes to the other.
🏡 Tenants in Common – Each person owns a defined percentage (e.g., 70/30 if one contributed more to the deposit).

To avoid disputes, a Declaration of Trust can formally set out each person’s financial stake. This is especially important if contributions are unequal. You are also never too young to make a will. You should get a will in place if you want your interest to go to your partner if you die, rather than relying on the intestacy rules.

 

  1. Get a Cohabitation Agreement.

No one enters a relationship expecting it to fail, but future planning is practical, not pessimistic. A cohabitation agreement is a legally binding document that clearly sets out each person’s financial responsibilities, ownership rights, and arrangements in case of separation.

What can it cover?

  • Who owns what (property, savings, investments).
  • How expenses will be shared (mortgage, bills, childcare costs).
  • What happens if one person stops contributing or loses income.
  • Exit strategies if you break up, including notice periods for moving out and the process to enact a sale.

A well-drafted agreement can prevent legal disputes, financial uncertainty, and stress, making cohabitation a safer financial decision.

Picture of Joseph Mosley

Joseph Mosley

14th February 2025

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