Cohabitation Agreement Template

When completed and signed correctly, a cohabitation agreement creates a recognised contract between unmarried couples that defines property ownership, financial arrangements, and what happens if the relationship ends. Unlike married couples, cohabiting partners have very few automatic legal rights — a cohabitation agreement fills this gap.

Key Features:

• Property ownership definition — Who owns the home and in what shares, regardless of whose name is on the title
• Financial contribution records — Deposits, mortgage payments, and improvements that affect ownership
• Household expense allocation — How bills, groceries, and shared costs are divided
• Separate property protection — Items each partner owned before the relationship remain theirs
• Joint purchase provisions — How shared items (furniture, cars) are divided on separation
• Debt allocation — Responsibility for existing and future debts
• Children arrangements — Living arrangements and financial support provisions
• Separation procedure — Notice periods and the process for ending cohabitation fairly

How It Differs from Marriage:

Married couples have automatic rights under matrimonial law — courts can redistribute assets regardless of ownership. Unmarried couples have no such protection. A cohabitation agreement creates contractual rights that courts generally uphold, giving you similar protections to married couples.

Our cohabitation agreement is professionally drafted as a recognised contract under English law.

The "Common Law Marriage" Myth:

Many couples believe that living together for a certain number of years gives them the same rights as married couples. This is completely false. There is no such thing as "common law marriage" in England and Wales — you could live together for 30 years and still have no automatic rights.

What You Risk Without an Agreement:

• No property rights: If the home is in your partner's name, you could be homeless with nothing — regardless of how much you contributed
• No pension sharing: Unlike divorce, courts cannot order pension sharing between unmarried couples
• No maintenance: You have no right to financial support from your ex-partner after separation
• No inheritance rights: If your partner dies without a will, you inherit nothing — even after decades together
• Expensive court claims: TOLATA claims to establish property rights cost £10,000-£50,000+ in legal fees
• Business vulnerability: Your business interests could be affected by uncertain claims

Real Cost Comparison:

Cohabitation agreement: £10. Average TOLATA court case: £25,000+. Lost share of home: £50,000-£200,000+.

A £10 agreement provides protection that could save you £25,000+ in legal costs.

Comprehensive Agreement Coverage:

• ✓ Full party identification and relationship declaration
• ✓ Property ownership clauses (sole and joint ownership options)
• ✓ Beneficial interest calculations and schedules
• ✓ Financial contribution records (deposits, mortgage, improvements)
• ✓ Household expense allocation provisions
• ✓ Separate property protection clauses
• ✓ Joint property division framework
• ✓ Bank account and savings provisions
• ✓ Debt allocation and liability clauses
• ✓ Children arrangements section
• ✓ Pet ownership provisions
• ✓ Separation procedure and notice periods
• ✓ Death and inheritance provisions
• ✓ Dispute resolution clause
• ✓ Review and variation provisions
• ✓ Severability clause
• ✓ Entire agreement provision
• ✓ Governing law statement (England and Wales)
• ✓ Proper execution page with witness requirements
• ✓ Asset schedule templates

Professional, comprehensive, and structured for maximum recognition.

Related documents: Couples often also create a Declaration of Trust for property ownership, Last Will and Testament for inheritance planning, and Prenuptial Agreement if planning to marry.

Don't Make These Critical Errors:

• Waiting too long: Create the agreement before or soon after moving in — not after problems arise when negotiations become difficult.
• Vague ownership terms: "We'll share everything" isn't enforceable. Specify exact percentages and calculations based on contributions.
• Ignoring future contributions: Your agreement should address how future payments (mortgage, improvements) affect ownership shares.
• Forgetting about death: Without provisions, your partner may get nothing if you die — even with a will, claims can be contested.
• No separation procedure: Define notice periods and the process for ending cohabitation to avoid disputes.
• Assuming marriage rights: Don't assume you'll have the same rights as married couples — you won't without an agreement.
• Ignoring children: If you have or plan to have children, include appropriate provisions (though courts retain final say).
• Not updating: Review your agreement after major life changes (children, property purchase, inheritance).
• Unequal bargaining: Both parties should have the opportunity to negotiate and consider independent legal advice.
• Hiding assets: Full financial disclosure is essential — hidden assets can undermine the whole agreement.

Our template helps avoid these mistakes with comprehensive provisions and guidance notes.