Legal Protections for Cohabiting Couples: Separation and Death

Addressing Separation

• Property Ownership
  If you're cohabiting and own property together, consider how assets should be divided in the event of a breakup. Typically, the equity is split equally unless a legal agreement specifies otherwise. If contributions to the property differ, ensure this is documented appropriately to reflect your intentions.
• Cohabitation Agreements
  One effective way to safeguard your interests is through a cohabitation agreement. This legally binding contract outlines financial obligations, asset division, and other crucial matters. Crafting this agreement before or during cohabitation can prevent misunderstandings and provide clarity.

Planning for Death

• Importance of Wills
  Without a will, cohabiting partners are not recognised under intestacy laws, meaning a surviving partner might not inherit anything beyond jointly owned property or named policies. A will ensures your assets are distributed according to your wishes, rather than defaulting to biological relatives.
• Naming Beneficiaries
  Ensure any life insurance policies or other financial accounts list your partner as a beneficiary to guarantee they receive the intended benefits.
• Legal Documentation
  Proper documentation and agreements can help minimise uncertainties. A well-prepared will and a cohabitation agreement work hand in hand to protect both partners’ rights.

By taking these legal steps, cohabiting couples can secure their financial and personal interests, ensuring they're well-protected in the face of separation or loss. For more information contact our Family Law team at Heald Solicitors on 01908 662277.