For some, Covid-19 has not only placed a strain on already established relationships, but for many it has also accelerated the different stages of a relationship- the significant step of moving in together being the primary focus of this post.
Couples who were not living together at the time lockdown faced a decision; move in together or prepare for a lengthy period apart.
This would, for many, have been a snap decision.
Given the challenges and uncertainty Covid-19 has brought, it is perhaps unlikely that the couples opting to move in with one another thought about the legal implications of taking this step.
For many the period of living together may just be a temporary measure until the world recovers from the devastation this virus has left in its path, but for others it may end up being a permanent decision.
Unmarried couples do not always appreciate that there are legal consequences to cohabiting. For instance, if one of you owns a property that your partner moves into, your partner may be able to establish a beneficial interest in the property, depending on the length of the cohabitation, the intentions of the two of you, financial contributions made towards the upkeep of the property, any improvements that have been made, and so on.
If the relationship later broken down this means they could try and make a claim against the property and ask that you provide a lump sum to them in exchange for them walking away from any interest they may be able to establish.
This can be a tricky area of law, so it is vital that you both know where you stand at an early stage.
Living together can be formalised by drawing up a legal document known as a cohabitation agreement. In this agreement terms of cohabitation can be set in place, to ensure you both have certainty.
Such an agreement can deal with:
- Financial contributions- who should pay what towards the household bills, or mortgage;
- Ownership of the property;
- Contents of the property- how they should be purchased, and if jointly how would they be divided if you separated.
- Finances- will you hold a joint account together, or any joint investments?
This is just a simple snapshot of the areas a cohabitation agreement can cover.
Living in a property for a period of weeks is of course very different from living together for a period of years, but if you and your partner have decided to cohabit, and it works then getting advice as to the implications of cohabitation is key to ensure there are no nasty surprises at a later stage.