How does a cohabiting couple control their property?

If cohabiting couples expressly state how they wish the beneficial interests in their property to be divided, this will always be binding. Therefore, couples can simply and effectively control what happens in the event of separation by recording their wishes in writing at any time in a separation agreement.

What happens when a cohabiting couple splits up?

When a cohabiting couple split up and the partner with the liability of making the mortgage payments is the one that has left the home, it’s very common for mortgage payments to stop. This can leave the partner that doesn’t own the property and has no legal rights to the property in a difficult financial situation.

What happens to your home if you separate as an unmarried couple?

These are also not the case. So, what happens as an unmarried cohabiting couple with respect to your home when you separate? A joint tenancy agreement means that the co-owners are each entitled to the whole of the equity in the property. There is a presumption that you hold the property in 50/50 shares, irrespective of what was put in at the start.

How is property divided in divorce and cohabitation?

When those more traditional duos, aka married couples, divorce and divvy up property, the process is fairly simple (at least in legal terms), since there are laws in place to protect all parties and clear-cut rules on what’s kosher‚ or not. But when you’re cohabiting without tying the knot, it’s a very different animal.

When do unmarried, cohabiting couples have equal property rights?

Cohabiting couples will have equal property rights if they are both included in a joint tenancy agreement. This means that both parties have an equal right to stay in the property if the relationship breaks down.

Can a cohabiting partner claim beneficial interest in a property?

The ‘beneficial interest’ is an interest in the economic benefit of a property. ‘Beneficial interest’ would give a cohabiting partner who doesn’t own the property the right to: If the cohabiting partner can provide proof of financial contributions towards the home they may be eligible to make a ‘beneficial interest’ claim.

Can a cohabiting couple register to own a house?

Nor can they register home rights to prevent their partner from selling the house without having an interest in the property in their own right. The fact of their long-term cohabitation is irrelevant.

When to consider a cohabitation agreement in a relationship?

It is also important to consider at the start of a relationship whether you wish your partner, friend or family member to have an interest in your property. If you own a property in your sole name and your partner, friend or family member is moving in with you they may later try to claim an interest in your property.

What happens to the property of a cohabiting couple?

Considering which is the best option for you, means being prepared for what you wish to happen in in the event of the death of either partner, or the breakup of your relationship. This means the whole property is owned by two people with the intention that, when one dies, the other person will automatically own all of the property.

Can a cohabiting couple form a legal agreement?

For unmarried couples who are cohabiting, it is possible to form a legal agreement which governs each individual’s rights and responsibilities regarding the property. Most couples don’t realise this is possible, however it is helpful to have a cohabitation agreement in place in case of the relationship failing.

Can a cohabiting couple get local authority housing?

The question of whether or not you may be allocated local authority housing is generally based on your need for housing and whether you could afford to pay for your own accommodation. Cohabiting couples may apply to be allocated local authority housing.