Cohabitation Agreements

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Living together without marrying or entering a civil partnership can raise difficult questions about property, finances, and what happens if you separate. At Wake Smith Solicitors, our family law team provides clear, practical advice to help you set expectations from the outset and protect your interests with a tailored cohabitation agreement.

As part of our wider Family and Divorce Law services, we draft robust agreements that reflect how you intend to arrange ownership, contributions, and day-to-day expenses — and what should happen if the relationship ends.

Why Consider a Cohabitation Agreement?

There’s no such thing as a “common law” husband or wife. Without a written agreement, resolving disputes about property, contributions or belongings can become costly, protracted, and uncertain. A cohabitation agreement can help you to:

Record who owns what now (e.g., existing equity, savings, furniture).
Clarify how the mortgage/rent, bills and household costs will be shared.
Protect unequal deposits or contributions to renovations/improvements.
Set out what happens if you separate — who moves out, timescales, and how assets are divided.

What Can We Include?

Your agreement can be as detailed as you need. Common clauses cover:

Property ownership & shares (and whether you’ll also sign a Declaration of Trust).
Mortgage/rent & household bills: who pays what, and how you’ll settle imbalances.
Renovations & improvements: how extra contributions affect shares.
Savings & personal belongings: how they’re held and divided.
Exit plan: notice periods, buy-out options, selling the property, and interim arrangements.

When Should We Put an Agreement in Place?

Ideally before you move in together or purchase a property. If you already live together, you can still put an agreement in place now and, where relevant, pair it with a Declaration of Trust to reflect the ownership split.

Key Questions We’ll Help You Answer

How do you preserve existing equity in your home when a partner moves in?
How do you secure a financial interest if you’re paying for renovations or major improvements?
If you’re buying together and one of you contributes a larger deposit, how is that protected?
What if you’re buying in unequal shares — how should that be documented?

We regularly negotiate and draft agreements that reduce uncertainty and minimise the risk of disputes if you separate. Our focus is to give you confidence now, and a fair, workable plan for the future.