Cohabitation Agreement Solicitor: What You Need to Know in 2026
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Moving in with your partner is exciting — but if you're not married, the law offers surprisingly little protection if things go wrong. A cohabitation agreement is one of the most important documents an unmarried couple can have, especially if you're buying property together.
This guide covers what a cohabitation agreement is, why you need a solicitor to draft one, what it costs, and how it connects to the conveyancing process when buying a home as a couple.
What is a cohabitation agreement?
A cohabitation agreement (sometimes called a "living together agreement") is a legal document that sets out how an unmarried couple will handle finances, property, and assets during their relationship and if they separate.
It typically covers:
- **Property ownership** — who owns what share of the home, and what happens to it if you split up
- **Financial contributions** — how mortgage payments, bills, and household costs are divided
- **Savings and debts** — what happens to joint savings accounts or debts accrued during the relationship
- **Contents and possessions** — who owns furniture, vehicles, and other shared items
- **Children arrangements** — provisions for childcare costs and living arrangements (though courts can override these)
Why unmarried couples need one
In England and Wales, there is no such thing as a "common-law marriage." Unlike married couples, cohabiting partners have very limited automatic legal rights — regardless of how long they've lived together.
Without a cohabitation agreement:
If you split up, there's no automatic right to a share of your partner's property or assets — even if you've contributed to mortgage payments for years.
If one partner dies, the surviving partner has no automatic inheritance rights. Without a will, everything goes to the deceased's next of kin (parents, siblings, children from a previous relationship).
If you've jointly purchased property, the default legal position may not reflect your actual financial contributions. A 50/50 split might not be fair if one partner put down a much larger deposit.
A cohabitation agreement addresses all of these gaps.
Why you need a solicitor
While it's technically possible to write your own cohabitation agreement, there are strong reasons to involve a solicitor:
Legal enforceability. For a cohabitation agreement to hold up in court, both parties should receive independent legal advice. This means each partner ideally has their own solicitor review the agreement. A court is far more likely to uphold an agreement where both parties were properly advised.
Property law complexity. If you're buying a property together, the cohabitation agreement needs to work alongside the property deed and any declaration of trust. A solicitor ensures these documents are consistent and legally sound.
Tax and financial implications. How you structure property ownership (joint tenants vs tenants in common) has implications for inheritance tax, stamp duty, and capital gains tax. A solicitor can advise on the most tax-efficient structure.
Tailoring to your situation. Template agreements found online rarely cover every scenario. A solicitor will ask the right questions and draft clauses specific to your circumstances.
How much does a cohabitation agreement solicitor cost?
| Service | Typical cost |
|---|---|
| Simple cohabitation agreement (one solicitor advising both parties) | £500–£1,000 |
| Full agreement with independent advice for each partner | £1,000–£2,500 |
| Agreement as part of a property purchase (bundled with conveyancing) | £300–£800 on top of conveyancing fees |
| Declaration of trust (if buying property with unequal shares) | £200–£500 |
Many conveyancing solicitors offer cohabitation agreements as an add-on when you're buying a property together. This is often the most cost-effective approach, as the solicitor already has all the property details and can draft both documents together.
Cohabitation agreements and buying a home together
If you're an unmarried couple buying property, the cohabitation agreement and the conveyancing process go hand in hand. Here's how they connect:
Choosing the right ownership structure. Your solicitor will advise whether to hold the property as joint tenants (equal shares, automatic inheritance) or tenants in common (defined shares, can be left to anyone in a will). Your cohabitation agreement should reflect whichever structure you choose.
Unequal deposits. If one partner contributes more to the deposit, a declaration of trust can record this alongside the cohabitation agreement. This ensures the larger contribution is protected if you sell or separate.
Mortgage responsibility. Even if you own the property in unequal shares, the mortgage lender may hold you jointly and severally liable for repayments. Your cohabitation agreement should address what happens if one partner can't pay.
Exit strategy. The agreement should set out a clear process for what happens if you separate — does one partner have the right to buy the other out? Is the property sold? How is the equity divided?
What to include in your cohabitation agreement
A comprehensive agreement should cover:
- Full names, addresses, and the start date of cohabitation
- A schedule of assets each partner brings into the relationship
- How property ownership is structured and what happens on separation
- How mortgage and household expenses are divided
- Provisions for joint debts and savings
- What happens if one partner dies (this should be supported by updated wills)
- A process for reviewing and updating the agreement
- A dispute resolution mechanism (mediation before court)
FAQ
Is a cohabitation agreement legally binding?
In England and Wales, cohabitation agreements are not automatically legally binding in the same way as a court order. However, courts give them significant weight — especially when both parties received independent legal advice and entered the agreement freely without pressure.
Can we create one after we've already moved in together?
Yes. You can create a cohabitation agreement at any point in your relationship. It's never too late, though it's most effective when created before or during a property purchase.
Do both partners need separate solicitors?
For maximum legal protection, yes. Independent legal advice for each partner makes the agreement much harder to challenge later. Some solicitors will advise both parties together for a simpler agreement, but this offers less protection.
What if our circumstances change?
A good cohabitation agreement includes a review clause. You should update it whenever there's a significant change — a new baby, a career change, an inheritance, or a remortgage.
Buying a home with your partner? Our conveyancing solicitors can draft your cohabitation agreement alongside your property purchase — saving you time and legal fees. Get a free quote today.
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