Donnelly & Elliott has been advising cohabitating, unmarried couples for over 70 years out of their high street office in Stoke Road, Gosport.

Legal rights of cohabiting couples

The legal rights of a cohabiting couple differ from those of a married couple. Unmarried couples that live together do not have the same legal protection as married couples and they have less responsibility to each other if they break up. Contrary to popular belief, there is no legal recognition for common law marriage in England and Wales.

Cohabitation agreements

A Cohabitation Agreement offers legal protection to unmarried, cohabiting couples. It sets out who owns what and in what proportion. It also outlines how, should the relationship break-down, the property, any key possessions and other assets will be divided-up.

This agreement can also be used to confirm how you will manage your finances whilst cohabiting i.e. how much each person contributes to the mortgage/bills etc.

A Cohabitation Agreement can set out who invested more in the property, and should the relationship breakdown who is entitled to what proportion of the property/deposit.

If you’d like to find out more about cohabitation agreements please contact our experienced team on 02392 505500 or email

Get in touch today.