Cohabitation Agreements

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• Home & ownership options · Cohabitation agreements · If you’re separating · Children & money · FAQs
   

How you own makes a big difference.

• Joint tenants: you each own the whole together; the survivor automatically gets the property (the “right of survivorship”). You can’t leave “your share” in a will.
   
• Tenants in common: you can own unequal shares, leave your share in a will, and record the split in a deed of trust.
   

Changing from joint tenants to tenants in common: you can sever the joint tenancy and register a Form A restriction.
 

A cohabitation agreement is a contract that sets out who pays what and who owns what while you live together and if you split. Typical clauses cover: deposit and equity shares, buy-out options, bills and debts, cars and contents, pets, and a process for resolving disagreements. 

Property & belongings

• Disputes about who owns what share of a home (or whether a non-owner has a beneficial interest) are usually brought under TOLATA 1996. The court can declare each party’s share and/or order a sale.
   

Children & money

• Child maintenance: agree privately or ask the Child Maintenance Service to calculate/collect and enforce.
   
• Extra financial support for a child (e.g., housing needs, school fees, lump sums) may be available via Schedule 1 of the Children Act 1989.
   

• Check how the home is owned and record shares (or sever a joint tenancy if appropriate).
   
• Put a cohabitation agreement and/or deed of trust in place.
   
• Update wills and beneficiary nominations (tenants in common can leave their share by will).
   
• Agree a parenting plan; consider mediation if needed (see our Children’s Matters page).
   
• Set up child maintenance (private or via CMS).
   

• Setting up cohabitation agreements and deeds of trust
   
• Advice on joint tenants vs tenants in common and Form SEV filings
   
• Negotiation and, if needed, TOLATA and Schedule 1 applications
   
• Clear guidance on child maintenance/CMS options
   
• Fixed-fee packages where possible
   

Do cohabiting partners have the same rights as spouses?
No. Cohabitation does not create a general legal status like marriage/civil partnership. Rights depend on ownership, contracts and children law. 

Can I claim maintenance from my ex for myself?
There’s no “spousal maintenance” for cohabitees. Child maintenance is separate and assessed via the CMS if not agreed. 

We’re both on the deeds but contributed different amounts — can we reflect that?
Yes: hold as tenants in common with a deed of trust stating shares; or seek a TOLATA decision if there’s a dispute. 

The house is in my ex’s name only — do I have any claim?
Possibly, but you’ll need evidence of a trust/beneficial interest (e.g., contributions or an agreement). That’s a TOLATA issue — we’ll assess your evidence and options. 

What about pensions?
Pension sharing is a divorce/dissolution power, not available just because you cohabit. (You can still make pension nomination updates and provide for each other by will.)