Property Rights for Cohabiting Couples

When you are cohabiting with your partner there are many possibilities about the accommodation you are living in. Perhaps you are renting through a joint lease, maybe you are living in their house, or perhaps you have a joint mortgage. Whatever your circumstances, unless you are married or have legal documentation, you will have no rights to their portion of the property if you split up or your partner dies.

Separation

If you have been living with your partner and then split up then you are likely to left without a place to live. If you have a joint rental agreement or mortgage then it is up to the both of you to sort out what arrangements you will make. However, if you have been living in your partner’s house then it will not be as easy. Even if you have been contributing to the mortgage or paying your way in other methods such as being a stay at home mum, unless your name is on the deeds, you have not right to the property. It is important to create a cohabitation agreement to protect yourself and lay out what you both expect while you are still together and amicable.

Who will inherit it?

If you are not married to your partner, and they have not made a will stating that you are to receive their estate then you will not inherit the property when they die, even you are already living in it. If your partner has children then the inheritance will automatically go to them. If not then it is passed to their parents and after that their next closest blood relative. It does not matter how long you have been with your partner, if it has not been made legal then it does not count.

Joint Tenancy

When you enter into a joint mortgage with someone there are two ways in which can work. If you have ‘joint tenancy’ then the property will pass to the surviving partner automatically when one owner dies. If you have ‘tenancy in common’ though then the property will passed on according to inheritance law or an official will. This is something that you need to sort out when you first arrange the tenancy agreement. A lot of couples don’t think about it or don’t see the importance of making these decisions. However, if one of you passes away you want to be sure your partner won’t be left out in the cold.

Making a claim

If there is no will and the property passes to a distant relative through the inheritance laws then you may still be able to make a claim. Initially you can try and contact the beneficiary directly and hope they are reasonable about your situation. If not, and you have been living with your partner for more than two years then you may be able to make a claim under the Inheritance Act 1975.

Your property rights are quite cut and dry in legal terms and it is important to make sure your legal documents are set out the way you want them to be. If you do not have a joint tenancy agreement then be sure to create a cohabitation agreement and a will to protect yourself and your partner.