Are Cohabitation Agreements Worth Having?

9th July 2024

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by Rebecca Woodley, Senior Associate Solicitor

The parties jointly owned a property. They were unmarried without children. When they purchased the property, they paid a deposit of £100,000. The man paid £80,000 and his partner paid £20,000. They were advised that the party who paid more could protect his greater contribution if they held the property as Tenants in Common and entered into a Declaration of Trust and a Cohabitation Agreement. They did not take this advice and chose to hold the property as Joint Tenants, meaning all the equity was owned jointly. The relationship broke down three years later and the property was sold, with the net proceeds of sale being divided between the parties equally. The man ended up sharing money he had inherited from his parents and invested into the property with someone with whom he was only in a relationship for three years and had no children.

Fraser Dawbarns can advise fully regarding cohabitation agreements. For individual advice please contact Rebecca on rebeccawoodley@fraserdawbarns.com or family@fraserdawbarns.com. You can also call your nearest office:

Wisbech: 01945 461456
March: 01354 602880
King’s Lynn: 01553 666600

Ely: 01353 383483
Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP are always happy to provide such advice.

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