Cohabitation

Many couples who live together wrongly believe they are ‘common law husband and wife’. The truth is that this is an urban myth and dividing assets in the event of separation can be even more complex than if they had been in a formal partnership or marriage.

Our family law specialists can advise on and create a cohabitation agreement to establish your intentions at the outset. This process is similar to drafting a prenuptial agreement before a marriage.

Without a cohabitation agreement in place, establishing asset ownership on separation may involve complex rules of property and trust law, requiring thorough examination of the intentions at the time cohabitation began and throughout the relationship.

We will help you identify which of your assets are considered joint or sole, as well as whether you are jointly or solely responsible for any liabilities accumulated whilst you were together. If there are other complex issues to consider, such as trusts, inheritance, business relationships and property transactions, we will explain your options.

In certain situations, it may be possible to claim an interest in a property even if you are not registered as the legal owner, as long as you can prove that you made a financial contribution or that it was agreed you would have an interest and you relied upon that agreement to your detriment.