The Importance of Cohabitation Agreements

When Having a Cohabitation Agreement Could Have Helped

Oxley v Hiscock EWCA Civ 546

In this landmark case, Mrs Oxley and Mr Hiscock lived together for over a decade and purchased property, but did not formalise their intentions in a written agreement and only one partner was named on the deeds. When they separated, disagreement erupted over who was entitled to what share from the sale of the family home. Mrs Oxley, despite substantial financial and practical contributions, had to go through extensive litigation under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) to claim a share. The Court of Appeal eventually awarded her 40% based on fairness and the parties’ overall dealings, but not without significant delay and legal expense. This case demonstrates that a cohabitation agreement would have made the division of assets clear, reducing acrimony and cost.

Other English Cases Highlighting the Risks Without an Agreement

• Lloyds Bank plc v Rosset 1 AC 107:
  The court determined that, in the absence of a written agreement, a non-owner partner is generally only entitled to a property share if there is direct financial contribution or a clear intention to share ownership. Cases like Rosset show how courts rarely recognise homemaking or indirect contributions. Many cohabitees have lost out in litigation because a written agreement—which Heald Solicitors can prepare—was not in place to record intentions and contributions clearly.
• Stack v Dowden UKHL 17:
  Even when property was in joint names, ambiguity over beneficial shares led to expensive and drawn-out litigation. The court analysed the “whole course of dealings” between the parties, underscoring the risk of uncertainty without an explicit written agreement. These situations can be avoided by approaching Heald Solicitors for a tailored, robust cohabitation agreement.

Key Points from English Legal Practice

• There is no such thing as “common law marriage” in England. Unmarried partners do not automatically acquire financial or property rights regardless of relationship length or children.
• When cohabiting couples separate, TOLATA 1996 is often used to resolve property disputes—with considerable expense and unpredictability unless a formal agreement exists.
• A professionally drafted cohabitation agreement by our expert solicitors in Milton Keynes ensures each partner’s rights and expectations are legally documented, reducing risk, cost, and distress in case of separation.

Why Choose Heald Solicitors?

• Expertise
  Heald Solicitors have a proven track record in negotiating and drafting clear, enforceable cohabitation agreements that stand up in court when necessary.
• Client Care
  The firm provides personalised support and practical advice, ensuring you fully understand your rights and obligations at every step.
• Remote Convenience
  Serving clients throughout England and Wales, Heald Solicitors can advise you wherever you are located.
• Comprehensive Family Law Services
  Beyond cohabitation agreements, they assist with divorce, child arrangements, financial provision, and more.

You can contact Heald Solicitors today on 01908 662277 to secure your future and get expert legal advice on cohabitation agreements and all family law matters.

An additional issue to bear in mind is that, whilst it is very important for all people aged 18 or over to make a Will, anyone contemplating cohabitation should also make a Will to outline what is to happen to their property should they die whilst cohabiting.

Conclusion

English case law underscores the benefits of cohabitation agreements:

• Clarity in Asset Division
  Avoids expensive and unpredictable litigation.
• Protection for Non-Owning Partner
  Ensures all contributions are recognised and protected.
• Reduction in Conflict
  Sets clear, fair expectations from the start.

In every instance, a cohabitation agreement professionally drafted by Heald Solicitors provides security, peace of mind, and practical solutions for cohabiting couples in England. For more information call us today on 01908 662277.