Cohabitation Agreements Solicitors in Chester & North Wales
There is no such thing as a “common law marriage”. Unmarried couples have no automatic right to each other's property, savings or pension on separation. The right legal documents can change that.
Many people believe that living together for a number of years gives them the same legal rights as a married couple. It does not. There is no such thing as a “common law marriage” in England and Wales. Unmarried couples — however long they have lived together — have no automatic right to each other's property, savings or pension on separation. If one partner dies without a will, the other has no automatic entitlement to their estate.
The good news is that this can be addressed with the right legal documents in place before problems arise. Martin Dias, PDA Solicitors' Family Law Executive, advises unmarried couples across Chester, North Wales and the surrounding area on cohabitation agreements, declarations of trust and property rights — protecting both partners and minimising the risk of costly disputes later.
Cohabitation Agreements
A cohabitation agreement (sometimes called a “living together agreement”) is a legal document that sets out how a couple intend to manage their finances and property while living together, and what will happen to their respective assets if the relationship ends.
A cohabitation agreement can cover:
- Ownership of the home — whether jointly or by one partner, and in what proportions
- How household bills and mortgage payments will be shared
- Ownership of savings, investments and other assets
- What happens to assets built up during the relationship
- Arrangements for any children
- What happens if one partner dies
While a cohabitation agreement is not automatically binding in the same way as a court order, a well-drafted agreement provides strong evidence of the couple's intentions and can be upheld by the courts where it has been entered into freely, with independent legal advice on both sides.
The best time to put a cohabitation agreement in place is before you move in together or before a significant financial event — such as buying a property or one partner giving up work to care for children. A cohabitation agreement can also reference a consent order where the couple have reached formal financial arrangements that need to be recorded.
Declarations of Trust
When an unmarried couple buys a property together, the Land Registry records who owns the legal title. But legal ownership does not always tell the full story — particularly where the parties have contributed unequal amounts.
Consider a common situation: one partner contributes a substantial deposit — perhaps inherited money or savings built up before the relationship — while both names go on the mortgage. Without a declaration of trust, that deposit is not automatically protected. If the relationship ends and the property is sold, the default position may be an equal 50/50 split of the proceeds, regardless of who put in more at the outset.
A declaration of trust (also called a deed of trust) is a legal document that records each party's beneficial interest in the property from the start. It can specify that one partner's larger deposit is acknowledged and protected — for example, that Partner A is entitled to recover their £80,000 deposit from the sale proceeds before any remaining equity is divided. It can also reflect ongoing contributions, such as where one partner pays a greater share of the mortgage.
A declaration of trust is particularly important where:
- One partner is contributing a larger deposit, including money from family or inheritance
- The parties intend to own the property in unequal shares
- One partner is buying out the other's interest over time
- There is a parental contribution to the purchase
The declaration of trust sits alongside the conveyancing transaction and should be prepared at the same time as the property purchase. If you are purchasing a property now and this applies to your situation, we strongly recommend taking advice before completion.
Beneficial Interests
Sometimes one partner owns a property in their sole name but the other has contributed to it — financially or otherwise. In these circumstances, the non-owning partner may have acquired a beneficial interest in the property, even though their name is not on the title.
A beneficial interest can arise where:
- The non-owning partner has contributed to the mortgage payments
- The non-owning partner has paid for significant improvements to the property
- There was a common intention — even if not written down — that both partners would share in the property
- The non-owning partner acted to their detriment in reliance on that intention (for example, giving up employment or contributing financially on the understanding they would acquire a share)
Claims of this kind are governed by the law of trusts — specifically constructive and resulting trusts — and by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Establishing a beneficial interest without a written agreement requires the court to examine the parties' intentions and conduct over the course of the relationship, which can be complex and expensive.
The clearest way to protect a beneficial interest is to document it at the outset, through a cohabitation agreement or declaration of trust. If no such agreement exists and a dispute has arisen, Martin can advise on whether a claim may be available and what evidence would be needed to support it.
When Things Go Wrong: TOLATA
Where an unmarried couple separates and cannot agree on what should happen to a property they own together (or where one claims a beneficial interest in the other's property), either party can make an application to the court under TOLATA.
The court can:
- Declare what beneficial interests each party holds in the property
- Order the sale of the property
- Make orders about the occupation of the property
- Determine how the proceeds of sale should be divided
TOLATA proceedings can be costly and contentious. In most cases, the best outcome is reached through negotiation — particularly where both parties obtain early legal advice and have at least some documentation of their original intentions. Early advice significantly improves the prospects of resolving matters without going to court.
Fees
Costs depend on the nature of the work and the complexity of your circumstances.
Putting a cohabitation agreement or declaration of trust in place at the outset is considerably less expensive than resolving a dispute through the courts if things go wrong later. For many couples, the cost of proper documentation at the time of a property purchase is modest compared with the financial risk of not having it.
Contact Martin to discuss your circumstances and receive a clear estimate of costs.
Your Family Law Specialist
Martin Dias
Family Law Executive
Martin brings almost 30 years of specialist family law services experience to every case — divorce, separation, financial remedy. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.
Funding Your Legal Fees
Own a property? You may not need savings to fund your case.
If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.
Explore all funding optionsWe do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.
Cohabitation Agreements — FAQs
Is there such a thing as a common law marriage?
What is a cohabitation agreement and is it legally enforceable?
We are buying a property together but I am contributing a much larger deposit. How do I protect my contribution?
My partner owns the property in their name only, but I have been paying the mortgage for years. Do I have any rights?
We own a property jointly and have separated. My ex refuses to sell. What can I do?
When should we put a cohabitation agreement in place?
Speak to Martin Dias
Whether you are moving in together, buying a property, or dealing with the fallout from a separation, the right advice at the right time can make an enormous difference. Martin Dias can help you put the right protections in place — or advise on your rights if those protections were never documented.
Contact PDA Solicitors to arrange a consultation with Martin Dias.
Get in Touch
We advise clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14, Mold CH7, Northwich CW9 and throughout Cheshire and North Wales.