Why Cohabitation Agreements Matter for Unmarried Couples

More couples than ever are choosing to live together without getting married. A cohabitation agreement gives you clarity, security, and peace of mind - so you both know exactly where you stand. It’s not about mistrust; it’s about protecting yourselves and your future.

Many unmarried couples face uncertainty when:

  • Buying a home together and contributing different amounts to the deposit

  • Balancing household bills, rent, or mortgage payments unequally

  • Having children from previous relationships and wanting to protect their inheritance

  • Moving in together for the first time and wanting clear financial boundaries

A properly drafted agreement helps you:

  • Protect your share in a property or deposit

  • Clarify who pays what towards the home and bills

  • Avoid disputes or confusion if you ever separate

  • Safeguard children’s financial interests and living arrangements

Why Cohabitation Agreements Matter for Unmarried Couples

Who Needs a Cohabitation Agreement?

Cohabitation agreements aren’t just for wealthy couples or those expecting problems—they’re for anyone who wants clarity and fairness when sharing a home or finances. Whatever your situation, a clear written agreement can save stress, time, and money later.

First-Time Buyers & Unmarried Couples

If you’re buying a property together, a cohabitation agreement protects both of your interests. It records who owns what, how costs are shared, and what happens if you sell or separate.

For example: Emma and Alex bought their first home together, but Alex paid a larger deposit. Their agreement clearly set out how each share would be divided if they sold the property - avoiding future disputes.

Couples with Children

When children are involved, stability and fairness matter most. A cohabitation agreement can include financial arrangements and confirm each parent’s responsibilities if you separate. It also helps protect the family home for your child’s wellbeing.

For example: Sophie and James added child maintenance terms and clarified who would stay in the home if they split, ensuring continuity for their two young children.

Unequal Deposits or Contributions

Many couples contribute differently to the mortgage, deposit, or bills. Without an agreement, it can be hard to recover or calculate your share later. A cohabitation agreement records these details - helping prevent costly disputes about ownership or repayments.

For example: Priya paid £20,000 more into the deposit than her partner. With a solicitor-prepared agreement, her contribution is legally recognised and protected.

Separated Partners Without an Agreement

If you’ve already separated and never had a cohabitation agreement, don’t panic. Our solicitors and lawyers can still help you resolve disputes about property, savings, or shared assets - through negotiation, mediation, or a TOLATA (Trust of Lands and Appointment of Trustees Act 1996) claim if needed.

For example: After separating, Daniel discovered the house was in his ex-partner’s name only. We helped him prove his financial contribution and secure his rightful share.

Whether you’re moving in, buying together, or separating, a cohabitation agreement gives you clarity and confidence about your rights.

What Does a Cohabitation Agreement Cover?

What Does a Cohabitation Agreement Cover?

A cohabitation agreement is designed to make life simpler by setting out exactly how you and your partner will manage your shared home and finances. It’s written in plain English, tailored to your circumstances, and helps prevent misunderstandings in the future.

A well-prepared agreement can include:

  • Property ownership: How your home, deposit, or equity is owned or shared

  • Mortgage or rent: Who pays what towards monthly payments and other household costs

  • Bills and living expenses: How you’ll divide day-to-day expenses such as utilities, food, and maintenance

  • Savings, debts, and investments: How shared savings or liabilities will be treated if you separate

  • Separation arrangements: What happens if you split—who stays in the property, how it’s sold, and how proceeds are divided

  • Children and dependants: Parental responsibility, child maintenance, and how children’s housing needs will be supported

  • Personal possessions: Agreed ownership of valuables, vehicles, or items purchased together

Every cohabitation agreement we prepare is bespoke. No two couples or households are the same - your agreement should reflect your unique situation, priorities, and goals. At TBI Law, we make sure your agreement protects what matters most to you both today and in the future.

Are Cohabitation Agreements Legally Binding in the UK?

A cohabitation agreement isn’t automatically binding in the same way as a commercial contract, but UK courts now give them significant weight. Especially when they’ve been prepared properly and fairly. When both partners understand and agree to the terms, judges are far more likely to uphold the agreement if there’s ever a dispute.

To make your cohabitation agreement as strong and enforceable as possible, it should include:

  • Independent legal advice: Each partner should get their own solicitor to confirm they understand the terms.

  • Full financial disclosure: Be open about income, savings, property, and debts.

  • Free and voluntary consent: Both partners must sign willingly, without pressure or unfair influence.

  • Regular reviews: Update the agreement if your circumstances change—such as having children, buying new property, or one partner leaving work.

Cohabitation Disputes – Your Rights if You Separate

Separating when you’re not married can feel overwhelming - especially if you share a home, have children, or have both contributed financially. Unlike married couples, unmarried partners don’t have automatic rights to property, pensions, or savings when they separate. What matters most is how your assets were owned, paid for, and documented.

If your home is in one partner’s name, or if you disagree about who owns what, you may still have legal rights. You could make a claim under the Trusts of Land and Appointment of Trustees Act (TOLATA). This law allows the court to decide:

  • Who owns the property or has a beneficial interest in it

  • Whether a property should be sold

  • Who can live in the property after separation

Common reasons for TOLATA claims include:

  • The property is in one partner’s name only
  • You contributed to the deposit, mortgage, or renovations but are not on the deeds
  • There’s disagreement over how much each of you owns

We’ll help you understand your rights, gather evidence, and take decisive action to secure your future.

Cohabitation Disputes – Your Rights if You Separate

How Our Solicitors Can Help

At TBI Law our goal is always the same. To help you resolve disputes quickly and fairly, without unnecessary conflict or cost. We provide clear, practical advice for every stage of your relationship - whether you’re moving in together, buying property, or separating. Our goal is to protect your interests, reduce conflict, and help you move forward with confidence.

Here’s how we can help:

  • A confidential consultation – Speak to one of our family law solicitors or lawyers in person, by phone, or online. We’ll listen to your situation and outline your best options.

  • Review your property and assets – We assess how your home, savings, or investments are owned and help you secure your fair share.

  • Drafting or reviewing cohabitation agreements – We create legally sound agreements that protect both partners’ rights and clarify ownership before or after you move in together.

  • Support during negotiations – Whether you’re agreeing terms with a partner or resolving a dispute with an ex, we’ll guide you through every discussion.

  • Advice on children and property after separation – We help you understand your rights, responsibilities, and options for your home or family.

  • Representation in court (TOLATA claims) – If mediation fails, we represent you robustly in court to protect your financial interests and property rights.

You don’t have to face uncertainty alone. Contact our team today for clear, professional support at every step.

Why Choose TBI Law for Cohabitation Agreements & Disputes

Why Choose TBI Law for Cohabitation Agreements & Disputes

Choosing the right solicitor can make all the difference when it comes to protecting your home, finances, and future. At TBI Law, our family law team has decades of experience helping unmarried couples across the North East create fair agreements and resolve complex disputes with clarity and confidence.

Here’s why so many clients trust us:

  • Proven expertise: We’ve supported countless unmarried partners with cohabitation agreements, property ownership disputes, and TOLATA claims.

  • Local, approachable team: With offices in Hartlepool, Stockton, Wynyard, Barnard Castle, and Sunderland, you’ll always have expert legal help nearby.

  • Clear pricing: We believe in transparency—no hidden costs, no surprises, just straightforward legal advice.

  • Fully accredited solicitors and CILEX Lawyers: Our team is regulated by the Solicitors Regulation Authority (SRA), The Chartered Institute of Chartered Legal Executives, and accredited by Resolution, ensuring professional, ethical support.

  • Trusted reputation: Our clients consistently rate us highly for communication, compassion, and results.

Whether you’re moving in together, buying a home, or facing separation, you’ll have the full backing of a dedicated legal team who cares about your outcome.

If you have questions about your rights, want to protect your property, or need urgent advice after separating, we’re here to help.

Frequently Asked Questions

What is a cohabitation agreement?

A cohabitation agreement is a legal document that sets out how unmarried couples share ownership of property, assets, and financial responsibilities while living together. It can also clarify what happens if you separate - covering your home, savings, debts, and arrangements for children.

Having one in place gives both partners security and reduces the risk of costly disputes later. A solicitor ensures your agreement is fair, clear, and legally recognised by UK courts.

How do I protect my share of the house?

To protect your financial interest in a shared property, you can:

  1. Have a cohabitation agreement or declaration of trust prepared by a solicitor or lawyer, setting out each person’s contributions.

  2. Register as tenants in common, so your ownership share is recorded on the property title with the land registry.

  3. Keep evidence of payments towards the deposit, mortgage, or home improvements. If a dispute arises, these documents help prove your entitlement under TOLATA (Trusts of Land and Appointment of Trustees Act 1996).

Can unmarried partners claim the house if we separate?

Unmarried partners don’t have automatic rights to a shared home like married couples do. Your rights depend on:

  • Whether your name is on the property deeds or mortgage

  • Any financial contributions you made towards the property

  • Evidence of a shared intention to own or share the property

If ownership is disputed, a TOLATA claim may be necessary. This allows the court to decide who owns, can live in, or is entitled to proceeds from the property.

Are cohabitation agreements legally binding?

Cohabitation agreements are not automatically binding, but UK courts give them strong weight if properly prepared. To make yours as enforceable as possible:

  • Each partner should get independent legal advice

  • You should both provide full financial disclosure

  • The agreement must be signed voluntarily

  • It should be reviewed regularly as circumstances change

At TBI Law, we make sure your agreement is clear, fair, and capable of standing up in court if ever challenged.

How much does a cohabitation agreement cost?

Costs depend on complexity, but most solicitors will consider a competitive fees estimate for standard agreements. At TBI Law, we provide:

  • Transparent pricing upfront

  • No hidden charges

  • Additional support for reviewing or updating existing agreements

A simple agreement may cost a few hundred pounds, while more complex arrangements involving property, children, or multiple assets will cost more. Always ask for a full estimate before proceeding.

What if my partner won’t sign a cohabitation agreement?

You can’t force someone to sign, but clear communication helps. Explain that it’s about fairness and protection for both of you - not mistrust.  If your partner refuses:

  • Keep financial evidence (bank transfers, mortgage statements, deposit receipts).

  • Consider other legal protections, such as a declaration of trust or adjusting the property title.

  • If you later separate, your solicitor can help you claim your share through negotiation or a TOLATA application.

What are my rights if my name isn’t on the mortgage?

Even if your name isn’t on the mortgage, you may still have a claim if you’ve contributed to the property financially. You can show this by:

  • Paying towards the deposit, mortgage, or renovations

  • Having a verbal or written agreement about shared ownership

  • Demonstrating the property was intended to be jointly owned

These factors can establish a beneficial interest, giving you a legal right to part of the property’s value. Our solicitors can help gather the right evidence to protect your interests.

How can we resolve disputes without going to court?

Court should always be a last resort. There are other ways to resolve disputes quickly and privately:

  • Mediation: An independent mediator helps you reach a fair agreement.

  • Solicitor negotiation: Each partner’s solicitor negotiates a resolution directly.

These approaches are often faster, less expensive, and less stressful. Especially when children are involved.

What about children if we separate as unmarried parents?

Unmarried parents have the same duty to support their children as married couples do. You can:

  • Include child maintenance arrangements in your cohabitation agreement

  • Agree on where your child lives and how contact works

  • Apply for a Child Arrangements Order if you can’t agree

Our solicitors and lawyers help parents prioritise their children’s stability and wellbeing while ensuring legal protections are in place for the future.

Can I get Legal Aid for a cohabitation dispute?

Legal Aid is limited for property disputes but may be available if there is evidence of domestic abuse or risk to a child. Even if Legal Aid isn’t available, we will provide you with a competitive fees estimate and advice to help you manage costs effectively. 

If you’re unsure about eligibility, TBI Law can provide a free Legal Aid assessment before you decide your next steps.