19/08/2026
If you and your partner have taken the next step in your relationship and are about to buy a property or move in together, this blog looks at what cohabiting couples in England and Wales need to know about protecting themselves legally before moving in together.
The Common Law Marriage Myth
There is still a misconception that couples who live together long enough acquire the same legal rights as married couples or couples in civil partnerships. They do not. There is still no such thing as a common law spouse in England and Wales. This distinction matters more than people realise, especially for couples who live together or own property together. If something goes wrong, whether the relationship breaks down, one of you is seriously injured, becomes ill, or one of you dies, the law will not automatically protect either of you in the way it would if you were married or in a civil partnership.
While the UK’s Cohabitation Rights Bill has been proposed to give long-term cohabiting couples greater legal rights, there are no details on when this law is likely to pass, if it will pass at all.
Therefore, you must take active steps to protect yourselves. The arrangements you make before you purchase a property or live together are vital.
Below are the steps our legal teams recommend before you start sharing house keys.
1. Consider a Cohabitation Agreement
A cohabitation agreement is a written document that sets out how you and your partner have agreed to manage finances, property, and other practical matters while living together. It is up to you what is included, but typically, cohabitation agreements cover who pays what towards the property (such as rent or mortgage payments), how shared expenses are split, what happens to other assets you already owned before moving in together, and what the position would be if you separated.
Cohabitation agreements can also include arrangements for children, such as outlining intentions for day-to-day care, living arrangements, and financial contributions. While cohabitation agreements cannot override statutory child support laws, they can serve as a record of parental intentions should a dispute arise in the event of separation. These documents can also be used to include arrangements for jointly owned pets or pets owned before the relationship started.
While this might not seem very romantic, it is practical. Having these conversations early is normally far less painful than having them once things have already gone wrong. Our family law team can help you draft a cohabitation agreement that reflects your circumstances, giving you and your partner peace of mind that both your interests are protected.
You can also read our guide to buying a property with a friend for related information.
2. Set up a Declaration of Trust
A declaration of trust is one of the most important legal documents to have when buying a property together. This document sets out exactly what share of the property each person owns. That matters because jointly owned does not automatically mean equally owned, and the default legal position may not reflect what you contributed financially or intended.
If one of you is contributing more financially, a family member has helped with the deposit, or you have agreed between yourselves that the split should not be 50/50, a declaration of trust is how you make that legally clear.
Without one, sorting out what each person is entitled to becomes more difficult and, if there is a dispute over who owns what, potentially much more expensive. While it is possible to set up a declaration of trust after a property purchase, there is no legal obligation for the other party to sign it, which could cause complications.
Our residential conveyancing team handles declarations of trust as part of the property purchase process and can advise you and your partner on getting this right from the outset.
3. Decide on The Type of Home Ownership
When buying a property with your partner, you can choose to buy your home as either joint tenants or tenants in common.
These two forms of home ownership have distinct features, and it is crucial to understand them before committing to the initial purchase.
Joint Tenants - Some of the key features of a joint tenancy include:
- You can have up to four owners in a joint tenancy.
- Joint tenants do not own specific shares in a property. For example, it doesn’t matter if someone paid more of the deposit or contributed more towards the mortgage. As joint tenants, each co-owner owns the entire property and has equal rights over it.
- Joint tenants are treated as a single legal entity.
- Joint tenants must get one mortgage between them.
- If you sell the property, any proceeds from the sale are split equally.
- As joint tenants, you cannot give away a share of a property in your Will. Instead, the property automatically passes to the other owner, or owners (known as the ‘right to survivorship’ rule).
- This form of property ownership is often chosen by married couples or civil partners, who are happy for the survivor to be the absolute owner.
Tenants in common - Owning a property as tenants in common means:
- You can have up to four named legal owners.
- You each can own different shares in the property.
- If one person wants to sell their share, they can do so freely and receive their respective share of the proceeds.
- Owners can each pass on their share of their property in a Will rather than it passing on automatically to the other owner. If there is no Will, it will be passed on according to the rules of intestacy.
Read more in our previous blog about property purchases made as joint tenants and as tenants in common.
4. Ensure You Have an Up-to-Date Will
As we highlighted earlier, cohabiting couples do not have the same legal rights as married couples. That means that unmarried partners do not automatically inherit from each other. Consequently, if your partner dies without a Will, their estate is distributed according to the rules of intestacy, which do not recognise unmarried partners, regardless of how long you have been together. Under intestacy rules, there is a strict order of hierarchy, meaning their assets could pass to children, parents, siblings, or other relatives instead of you. If you are moving in together, reviewing or making a Will may seem like a morbid discussion, but it is sensible. It means you are protecting your partner if the worst happens and your estate is distributed as you intend.
Our Wills and Estate Planning team can help you put a Will in place that clearly reflects your wishes and talk you through anything else worth considering for the protection of your estate that might be suitable. Read our previous blog about the importance of updating your Will for related information, along with the importance of using a solicitor to draft a Will.
5. Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) is one of the most important legal documents an adult can have, regardless of whether you are single, in a relationship, or married. While a Will deals with what happens after you die, an LPA protects you and your loved ones while you are alive. Martin Lewis highlighted the importance of LPAs in a recent episode of The Martin Lewis Money Show Live on ITV. Speaking ahead of the special episode dedicated to Wills and Lasting Powers of Attorney, Lewis even suggested that an LPA is “arguably more important than a Will”.
These legal documents give someone else (an ‘attorney’) the right to act for you and make decisions on your behalf if you’re unable to, whether due to illness, injury, or a period of incapacity. There are two main types of LPA:
- Property and financial affairs LPA – covers decisions relating to finances and property, such as selling your house, paying your bills, accessing your bank accounts and collecting pensions and other benefits.
- Health and welfare LPA – covers decisions about your medical care, including where you should live and any life-saving or life-sustaining treatment.
You can choose to make one or the other, though ideally everyone should have both.
It is important to remember that a power of attorney can only be set up while you’re of sound mind. While some people put off making an LPA, thinking that it is just for older people, LPAs are relevant to individuals of all ages.
If you lose capacity without an LPA, your loved ones will not automatically have control over your affairs and may not be able to access your finances, even to pay for your care. Many married couples or close relatives assume they have automatic authority to act for each other or to access each other’s bank accounts in these situations, but they do not. Unmarried partners certainly do not.
Instead, your family may need to make an application to the Court of Protection, which can be stressful, time-consuming, and costly. The deputy appointed may also not be the person you would have chosen had you been given the choice.
A guide published by the Office of the Public Guardian showed that “40% of people who say they are not interested in LPA don’t think they’ll lose capacity, don’t care, or don’t want to tempt fate”. Access the guide here: LASTING POWERS OF ATTORNEY – THE IMPORTANCE OF MAKING THE RIGHT CHOICE.
Capacity is not just lost through dementia. Accidents can happen at any time, and an LPA serves as a valuable safeguard against unforeseen events.
Our private client team can walk you through the process and ensure both LPAs are in place and registered correctly. While it is possible to set up an LPA yourself, the forms can be complicated, and it is advisable to ask a solicitor for help. Read our guide on the importance of using a regulated professional when making an LPA. The department is also recognised as a dementia-friendly business and can assist with Court of Protection matters.
When To Get Legal Advice
There is no obligation on when you should seek legal advice or put these documents in place, but if you are buying a property together, before exchanging contracts is a sensible deadline for putting a declaration of trust in place. The cohabitation agreement, Wills, and LPAs are worth sorting in the weeks leading up to your move, when the practicalities of your shared life are at the forefront of your mind, and you both have clarity about your wishes.
The legal side of moving in together is not overly complicated, but it should be considered carefully and supported by experienced legal professionals.
At Russell & Russell, we provide a complete range of legal services for individuals and families. Our conveyancing team is on hand when you need advice on buying a property or setting up a declaration of trust, and our private client team can help with Wills and LPAs. Our family law team is there to help if you need a cohabitation agreement, or if you need wider family law advice regarding the breakdown of a relationship and matters regarding children.
Whatever your legal needs, our local solicitors are there to help, provide guidance, and offer tailored services based on your circumstances. We have offices stretching across the North West, with three in Bolton and one each in Atherton, Bury, Chester, Farnworth, Horwich, and Middleton, from which we help clients throughout England and Wales.
To find out more about our services, or to speak to one of our specialists, please call 0800 103 2600 or send an enquiry.
Accreditations and Professional Standards
Quality and professionalism remain at the core of everything we do. Russell & Russell holds a number of important accreditations, including Lexcel, the Law Society's Wills and Inheritance Quality Scheme (WIQS), the Conveyancing Quality Scheme (CQS), the Law Society's Accredited Children Law Scheme, the Law Society's Accredited Advanced Family Law Panel, Resolution’s Family Law Panel and Cyber Essentials.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.