A cohabitation agreement: what to put in writing

This is general information, not legal advice. It covers England and Wales – Scotland and Northern Ireland have their own rules. For your own situation, talk to a solicitor.

What is a cohabitation agreement?

A written agreement, sometimes called a living together agreement, that sets out the rights and obligations of each partner towards the other – who owns what, who pays what and what happens if you separate. Citizens Advice recommends making a declaration of trust alongside it, about how you share your home. In June 2026 the government opened a consultation on new rights for couples who have lived together for at least three years or share a child. It is a proposal, not yet law. Read more in Cohabiting or married?.

Does it need a solicitor?

Citizens Advice suggests getting help from a family law solicitor, and your local Citizens Advice can help you find one. For the home there are formal rules: an interest in land can only be created in writing, signed by the person creating it, and a declaration of trust about land must be in writing and signed (Law of Property Act 1925, section 53). Write the rest down too, with a date and both your signatures.

What happens without an agreement?

Some general rules apply. What you owned before you moved in together stays yours, the person who bought something generally owns it, and things bought from a joint account are probably owned jointly. A gift from one partner to the other usually belongs to the one who received it – but that can be hard to prove. If you own a home together and can't agree what should happen to it, you can ask the court to decide (Trusts of Land and Appointment of Trustees Act 1996, section 14). Read more in When unmarried couples separate.

Can the agreement decide who inherits?

No – that needs a will. Without one, a surviving unmarried partner doesn't automatically inherit anything, unless you owned property jointly. A will must be in writing and signed in front of two witnesses who are present at the same time (Wills Act 1837, section 9). If you get married later, an earlier will is cancelled, unless it says it was made in expectation of marrying that person (section 18). Unmarried partners also don't get the Inheritance Tax exemption that spouses and civil partners have: tax is 40 per cent on the part of an estate above the £325,000 threshold.

What else is worth sorting out?

'Next of kin' has no legal meaning, and some organisations don't recognise a partner you live with as next of kin. A lasting power of attorney lets you choose who makes decisions for you if you can't – one for health and welfare, one for property and financial affairs. Registering one costs £92, or £184 for both. For a workplace pension, fill in an expression of wishes form saying who should get the benefits if you die.

What can't an agreement change?

Child maintenance: an agreement about it doesn't stop either of you from applying to the Child Maintenance Service, and a clause that tries to restrict that is void (Child Support Act 1991, section 9). Parental responsibility: it follows from the law, not from an agreement between you. And payments to support each other: Citizens Advice notes that voluntary agreements to pay maintenance to each other may be difficult to enforce. The key terms are explained in A glossary for couples who live together.

What should go in it?

• The home: who owns it, who paid the deposit, who pays the mortgage and what shares the declaration of trust records.
• Belongings: a simple list of what each of you brings, as an attachment.
• Shared costs: equally, by income or from a joint account. Ways to do it are in Splitting the rent when you earn different amounts.
• Renovations and bigger purchases: how money put into one partner's home should count.
• Separation: who can stay in the home and how you buy each other out.
• Death: a promise that you each make a will, and who the beneficiaries are on life insurance and pensions.

Where can you get help?

From a family law solicitor, for the agreement, the declaration of trust and your wills. Your local Citizens Advice can help you find one. Go back to the agreement when something big changes: a child, a new home, an inheritance. If you're buying a home, read Buying a home together without being married as well.