Protecting your property when your partner moves in: Legal tips for cohabiting couples
Thinking of living together? Here’s how to protect your property when your partner moves in.
Starting a new relationship and planning to move in together can be an exciting step forward. In the UK, cohabiting couples are on the rise – with the Office for National Statistics reporting that in 2022, 9 out of 10 couples lived together before getting married.
But what many people don’t realise is that cohabitation doesn’t offer the same legal protection as marriage, particularly when it comes to property ownership.
If you own your property in your sole name, inviting a partner to live with you could unintentionally create a beneficial interest in your home — especially if they contribute financially or if there’s an implied promise of ownership. To protect your property and avoid legal disputes in the future, here are our top legal tips.
It may be tempting to open a joint account for your household finances, and this may include a mortgage, property maintenance or paying for a new kitchen or bathroom. Any ‘mingling’ of finances, where one joint pot of money pays for the mortgage and/or renovations can potentially lead to arguments that an interest has been gained by your partner. This is because they have been contributing to your property’s improvements or reduction in the mortgage.
Even casual comments about ‘sharing the house one day’ or written messages offering a share of the property in the future can create a legal claim. If your partner can prove a promise or assurance which they relied upon, they may have grounds for a beneficial interest claim.
Having an up-to-date Will is important to ensure that your assets (such as property, savings, and heirlooms) pass to your intended friends or family. If you pass away without a Will, the laws of intestacy provide automatic rules on who would inherit your estate which may not be in line with your wishes. It can also lead to potential inheritance claims against your estate.
A cohabitation agreement (also known as a living together agreement) is a type of legally binding agreement that you and your partner sign before, during, or even after you begin living together. They record and outline all of the rights and any interests you both have in relation to property, finances, debts, and children (if applicable). If you’re planning to move in together — whether you're renting or one of you owns a home — this is one of the best ways to protect your legal rights.
We can assist in drafting legally enforceable cohabitation agreements that provide protection to your property and financial interests. Whether you're at the start of a relationship or have been living together for years, it’s never too late to put legal safeguards in place.
Contact Alex to discuss this further.
