Things to consider when you move in together
From Lawpack's Unmarried Couples and the Law.

In the excitement of moving in together, the last thing you want to think about are the legal issues, but it's always best to know where you stand in case your relationship comes to an end. Even if you have lived with your partner for years and have children, you may still have no rights at all, so it is wise to consider your position from the outset. The various issues you should think about are as follows: 
 
• Who owns your home?

• Do you have rights over each other's finances?

• Do you want to make decisions on your lifestyle?

• What happens if you decide to separate?

• What happens if one of you falls ill?

• What happens if one of you dies?  

• If you are a gay couple, should you register your partnership under the Civil Partnerships Act 2004?

It is  also worthwhile making formal agreements on these issues so that you can avoid possible conflict if any disputes arise. To live together without doing so could leave you or your family in a very vulnerable or uncertain position if one of you dies or you split up, whether or not you are the one with good income or most of the capital in your relationship. The agreements you should think about preparing are:  

1. A trust deed relating to the ownership of your property in England and Wales or a registered minute of agreement in Scotland; a solicitor will be able to draw one up for you.  

2. A cohabitation agreement dealing with the financial structure of your relationship.

3. A living together agreement on how you run your life; you can prepare your own using the example in Lawpack's 'Unmarried Couples and the Law' book or a specialist family solicitor or mediator can draft one for you.

4. An Enduring (or Continuing) Power of Attorney in case either of you becomes incapacitated.

5. Mutual Wills, where each of you makes a Will to leave your interest in assets (e.g. property, bank account and any other assets you see fit) to the other, together with whatever other provisions may be appropriate.

6. A parental responsibility agreement if you have children; this can be obtained from your local County Court (or from the Court Service's website at www.hmcourts-service.gov.uk.)

Law stated as at 1 February 2006.


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