Cohabitation Agreement for Unmarried Couples

What is a cohabitation agreement?

A cohab agreement is entered into by cohabiting couples (either heterosexual couples or gay couples) who want to protect their rights should the relationship break down.
The agreement lets the couple document how they will split their property and its contents, personal belongings and savings should they break up.

Why do I need a cohabitation agreement form?

Most cohabiting couples who live together don't have a written agreement governing their rights, but virtually all of them should.
But legally, there is no such thing as a 'common law wife' or 'common law husband', despite these terms being used by cohabiting couples and the media. If you live with your partner but are unmarried, then no matter how long you have been together, you don't have the same rights as married couples and you may have little legal protection in the event that you split up. Which is why it is so important for cohabiting couples to draw up cohabitation agreements.

In the case of property, for example, if you have a joint rental agreement or mortgage, it's up to both of you to decide what will happen if you break up.

But if you've been living in your partner’s house, then it will not be so easy and you may be left without a place to live. Even if you have been contributing to the mortgage or paying your way in other ways (e.g. such as staying at home to look after the children), unless your name is on the deeds, you have no right to the property.

Having a cohabitation agreement form can help. It can outline the shares each of you will have in the property or whether one of you will remain the sole owner.
It helps to outline both your shares of property, possessions and savings so that the legal consequences of splitting up are a lot easier to deal with.

This cohabitation agreement template, in a “Download Now” PDF format, allows cohabiting couples to make an agreement concerning their possessions and property to prevent legal wrangling should they break up.

Drafted by a family law solicitor, this cohabitation agreement template includes simple guidance on how to complete the downloadable form, as well as explanations of the law and cohabitation.

What does the Lawpack cohabitation agreement template cover?

This cohabitation agreement template allows you to specify:

• the ownership of your home - whether you own it jointly together or just one of you owns the property,
• your home contents and your personal possessions,
• your bank and building society accounts,
• and your common household expenses including mortgage repayments, rental payments, insurance premiums, council or other local taxes, utility bills, food, decoration and repairs.

By making this cohabitation agreement form, you can avoid disputes about who owns what, and who is responsible for paying various bills.
This “Download Now” cohabitation agreement template has been drafted by solicitors and designed to be simple to complete to give you the peace of mind that you both seek.

Is a cohab agreement legally binding?

Although a cohabitation agreement form is not a legally binding contract, courts are becoming more willing to accept them and it is a great advantage to have proof of your intentions should you both get into a legal dispute.
For any agreement to stand a chance of being upheld by the courts as binding (and there can be no absolute guarantee) the parties must:

1. Each take independent legal advice upon the contents
2. Each tell the other the truth about their financial circumstances
3. One should not exert undue influence over the other
4. There should be no fraud or mistake involved

Other information

• How to draw up a cohab agreement
• What should be included in a cohab agreement
• Why invest in a cohab agreement?
• Living together no longer a 'trial run' for unmarried couples