Cohabitation Agreements and Wills: What You Need

Rebecca and Tom spent £1,200 on a cohabitation agreement when they bought their £380,000 London flat together. Seven years later, with a four-year-old daughter, they felt financially responsible and legally protected.

When Tom died suddenly in a cycling accident at 36, Rebecca discovered the brutal truth: their cohabitation agreement meant nothing for inheritance. Tom's £190,000 share of their home, along with his savings and pension, went entirely to his estranged parents under intestacy rules. Rebecca had no automatic right to anything.

With 3.5 million cohabiting couples in the UK—and 46% believing the 'common law marriage' myth—most unmarried partners don't realize that cohabitation agreements and wills protect against completely different risks.

This article explains what each document actually does, why you need both, and how to afford comprehensive protection.

The Two Protection Gaps Unmarried Couples Face

Cohabitation gives you no general legal status in England and Wales. Unlike marriage or civil partnership, simply living together creates no automatic legal rights—no matter how long you've been together.

This leaves unmarried couples vulnerable to two separate risks.

Gap 1: Separation Risk

When unmarried couples separate, neither partner has automatic rights to the other's property, finances, or maintenance. If you split up, you can't claim financial support from your ex-partner the way married couples can through divorce proceedings.

Without a written agreement, property disputes can cost tens of thousands in legal fees with uncertain outcomes.

Gap 2: Death Risk

When one partner dies without a will, the surviving partner inherits nothing—not £1, not your shared home, nothing. Under UK intestacy rules, the entire estate goes to blood relatives: children, parents, siblings, or more distant family members.

Your partner, regardless of how long you've been together, has no automatic legal claim.

These gaps are independent. A cohabitation agreement addresses separation scenarios but becomes legally irrelevant when one partner dies. A will addresses inheritance but provides no protection if you separate.

Emma and David lived together for nine years and owned a £450,000 house together. They had a £1,200 cohabitation agreement specifying their property ownership split. When David died unexpectedly at 41, his adult son from a previous relationship inherited David's £225,000 share under intestacy rules. Emma was forced to sell their home to pay the son his inheritance while still grieving.

The cohabitation agreement that protected their property arrangement during their relationship offered Emma no protection whatsoever when David died.

What a Cohabitation Agreement Actually Does

A cohabitation agreement is a legal contract between two people living together that sets out financial arrangements during the relationship and upon separation.

It's crucial to understand: cohabitation agreements address what happens if you split up, NOT what happens if one of you dies.

What cohabitation agreements cover:

Property ownership splits (who owns what percentage)
How you'll divide assets and savings if you separate
Responsibility for mortgage payments and bills
Arrangements for joint bank accounts
How pension contributions are handled
Provisions for children (maintenance and custody arrangements)
Pet ownership
Who's responsible for debts

What cohabitation agreements DON'T cover:

Inheritance after death (that's what wills do)
Automatic legal status (you're still unmarried)
Tax benefits (no spousal exemption from inheritance tax)
Pension death benefits (unless separately nominated)

Enforceability in the UK

Cohabitation agreements aren't specifically legislated in England and Wales, but courts generally treat them as contracts. They're likely to be enforceable IF properly executed:

Both parties made full financial disclosure
Each party received independent legal advice from separate solicitors
The agreement was signed voluntarily without duress or misrepresentation
Terms were fair and reasonable at the time of signing
The agreement was properly signed as a deed with witnesses

Courts give significant weight to properly executed agreements, but they can still override them if circumstances have changed dramatically or if the agreement would produce an unfair result.

The critical limitation: A cohabitation agreement protects you during the relationship and if you split up. It does nothing if your partner dies.

Cohabitation agreements typically cost £799 to £3,000 depending on complexity, with fixed-fee online services at the lower end and traditional solicitors charging more for complex situations.

What a Will Actually Does (and Why Cohabitation Agreements Can't Replace It)

A will is a legal document that specifies who inherits your estate—your property, savings, investments, and possessions—when you die.

It's the only legal mechanism for ensuring your unmarried partner inherits anything from you.

What wills cover:

All assets you own solely or as tenants in common
Guardianship of minor children
Appointment of executors to manage your estate
Funeral wishes
Specific bequests of jewelry, family heirlooms, or other items
Distribution of your entire estate according to your wishes

The intestacy disaster for unmarried couples

Without a will, intestacy rules determine who inherits your estate. Under these rules, your unmarried partner inherits absolutely nothing.

Here's exactly what happens when you die intestate in England and Wales:

If you have children: they inherit your entire estate; your partner gets nothing
If you have no children but your parents are alive: your parents inherit everything; your partner gets nothing
If you have no children or parents: your siblings inherit; your partner gets nothing
If you have no children, parents, or siblings: more distant relatives inherit; your partner gets nothing

Your partner's only option is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires:

Proof of cohabitation for the full 2 years immediately before your death
A court application within 6 months of the Grant of Representation
Expensive legal fees (typically £10,000 to £30,000+)
An uncertain outcome (courts have discretion)
A lower "maintenance" standard (not full spousal provision)

Why cohabitation agreements are worthless after death

Cohabitation agreements are contracts between living people. When one person dies, the contract terminates. Intestacy law takes over, and your cohabitation agreement becomes legally irrelevant.

You cannot use a cohabitation agreement to give your partner inheritance rights. Only a will can do that.

The only exceptions are property owned as "joint tenants" (which automatically passes to the survivor) or life insurance and pensions with your partner as nominated beneficiary. But these don't cover all your assets, and many couples own property as "tenants in common" (specified in cohabitation agreements), which means their share becomes part of their estate and follows intestacy rules without a will.

WUHLD offers complete wills for £49.99 compared to solicitor wills starting at £650+. Making a will is both essential and affordable—there's no excuse to leave your partner vulnerable.

Declaration of Trust vs Cohabitation Agreement vs Will (The Three-Document Hierarchy)

Many unmarried couples are confused about the difference between declarations of trust, cohabitation agreements, and wills. Here's how these three documents fit together.

Declaration of Trust (Deed of Trust)

A Declaration of Trust specifically addresses property ownership. It states who owns what percentage of a property and how sale proceeds will be split.

Legally binding and enforceable
Costs £200 to £1,000
Essential when buying property together
Covers ONLY the property, not other assets or arrangements
Doesn't address what happens after death

Cohabitation Agreement

A cohabitation agreement includes declaration of trust content PLUS broader financial arrangements.

Covers property, savings, debts, pensions, and children
Addresses relationship and separation scenarios
Costs £799 to £3,000
Generally includes property ownership provisions (declaration of trust)
Still doesn't address death or inheritance

Will

A will addresses ONLY the death scenario and determines inheritance of ALL your assets.

Covers inheritance of property, savings, investments, possessions
Includes guardianship of minor children
Costs £49.99 to £650+
Essential regardless of other documents
The only way to ensure your partner inherits

When you need each document:

Situation	Declaration of Trust	Cohabitation Agreement	Will
Buying property as investment with friend/relative	✓		✓
Living together as romantic partners with shared finances		✓ (includes trust)	✓
Any adult with assets or children			✓

The complete protection stack for unmarried couples:

Cohabitation Agreement + Wills (one for each partner) = comprehensive protection

A cohabitation agreement (which incorporates property trust provisions) protects you during your relationship and if you separate. Wills protect your partner and children if either of you dies.

Do You Really Need Both? (Yes—Here's Why)

The unequivocal answer: Yes, unmarried couples need both a cohabitation agreement AND wills for complete legal protection.

Here are five compelling reasons why.

Reason 1: Different Risks Require Different Solutions

Separation and death are equally unpredictable. 42% of cohabiting relationships end in separation, and 1 in 250 people die unexpectedly before age 45.

One document can't protect against both risks. They're entirely separate legal scenarios governed by different laws.

Reason 2: The Cost-Benefit Reality

The combined cost of both documents—£900 to £3,100 total—is minuscule compared to potential loss.

Consider: most cohabiting couples own property worth £200,000 to £500,000+, have combined savings and pensions, and share responsibility for children. You're protecting assets worth hundreds of thousands of pounds with a one-time investment of under £3,100.

That's 0.2% to 1.5% of asset value for complete protection.

Reason 3: Life Stage Vulnerability

Couples often get cohabitation agreements when buying property (a visible milestone) but delay wills until "later" because death feels distant.

Death doesn't wait. Tom was 36 when he died in a cycling accident. David was 41 when he died unexpectedly. Neither expected to die young, and both left their partners financially devastated.

Reason 4: Children's Protection Requires Both

Wills provide guardianship appointments—the only way to legally specify who raises your children if both parents die. Cohabitation agreements provide maintenance and custody arrangements if you separate.

Children need both protections.

Reason 5: Sequential Protection Timeline

A cohabitation agreement protects you during the relationship years (potentially decades). A will protects your family after death.

You need coverage for the entire timeline of your life together.

What experts recommend:

Citizens Advice, the Law Society, and family law solicitors all recommend both documents for unmarried couples. This isn't about fear-mongering—it's about basic financial protection.

The false economy: saving £50 to £100 on a will now could cost your partner £200,000+ when you die intestate and they're forced to sell your shared home.

What Happens If You Only Have a Cohabitation Agreement (No Will)

Many couples invest £1,000+ in a cohabitation agreement because buying property feels like a major milestone, then assume they're "sorted" for legal protection.

They're catastrophically wrong.

What actually happens when one partner dies without a will:

Your cohabitation agreement becomes legally irrelevant the moment you die. The contract terminates. Intestacy rules override any intentions you discussed or agreed between yourselves.

Your surviving partner has no automatic rights to your estate whatsoever.

How intestacy distributes your estate:

If you have children: they inherit everything; your partner gets nothing
If you have no children but parents are alive: your parents inherit everything; your partner gets nothing
If you have no parents: your siblings inherit; your partner gets nothing
If you have no siblings: more distant relatives inherit; your partner gets nothing
If no relatives can be found: the Crown inherits; your partner still gets nothing

Your partner's only option: Inheritance Act claim

Surviving unmarried partners can attempt to claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires:

Proof of continuous cohabitation for the full 2 years immediately before death
A court application within 6 months of the Grant of Representation
Legal fees typically ranging from £10,000 to £30,000+
Uncertain outcome (courts have discretion and may deny the claim)
Lower "maintenance" standard (cohabitees receive less than spouses would)

This process is expensive, emotionally draining while grieving, and far from guaranteed.

A devastating real scenario:

Emma and James lived together for nine years in a £450,000 house they owned as tenants in common (50/50 split specified in their £1,200 cohabitation agreement). They had no children.

When James died suddenly at 41, his adult son from a previous relationship inherited James's £225,000 share of the house under intestacy rules. Emma discovered she had to either buy out the son's inheritance or sell the home.

She couldn't afford to buy him out. Six months after losing James, she was forced to sell their home while grieving, find a new place to live, and split the proceeds with James's son—someone James had been estranged from for years.

The £1,200 cohabitation agreement they'd relied on for protection offered Emma nothing when it mattered most.

Property complications:

If you own property as "tenants in common" (which most cohabitation agreements specify for clarity), your share doesn't automatically pass to your partner when you die. It becomes part of your estate and follows intestacy rules.

Only "joint tenants" ownership passes automatically to the survivor—but this ownership structure provides no protection if you separate, which is why cohabitation agreements typically recommend tenants in common.

The bitter irony:

Couples spend £1,000+ protecting against relationship breakdown but ignore £50 protection against death. Tom and Rebecca spent £1,200 on their cohabitation agreement. A £49.99 will would have saved Rebecca from losing her home.

What Happens If You Only Have a Will (No Cohabitation Agreement)

Having wills protects you from the death scenario, but it leaves you completely vulnerable if you separate.

Unlike divorce, separation between unmarried couples provides no automatic financial protections.

What actually happens when unmarried couples separate without a cohabitation agreement:

No automatic right to maintenance or financial support (unlike spousal maintenance in divorce)
No automatic property division rights
Complex disputes over who owns what percentage of the property
No pension sharing rights
Expensive court battles with uncertain outcomes

Property division nightmares:

Without a written agreement specifying ownership shares, courts determine property division based on financial contributions. This sounds fair until you consider:

Proving who paid what becomes difficult years later
"Contributions" include mortgage payments, bills, renovations, childcare—how do you value childcare versus mortgage payments?
If the property is in one person's name only, the other partner may have NO LEGAL CLAIM even after years of contributions
Memories differ ("I paid 60% of the mortgage" vs. "I paid all the bills while you paid the mortgage")

TOLATA claims: expensive and uncertain

Unmarried couples separating without a cohabitation agreement often need to use the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) to resolve property disputes.

TOLATA claims are civil proceedings with serious cost implications:

Legal fees typically range from £20,000 to £50,000+
The losing party usually pays the winner's legal costs
Proceedings can take 18 months or longer
Outcomes are uncertain and discretionary
Courts require proof of financial contributions, which can be difficult after years together

A real separation disaster:

Sophie and Michael lived together for 12 years. The property was in Michael's name only. Sophie contributed 40% of the £50,000 deposit and paid for all renovation costs (approximately £35,000), but they had no cohabitation agreement.

When their relationship ended, Sophie had to go to court to prove her "beneficial interest" in the property. After 18 months and £28,000 in legal fees, the court awarded her 25% of the property value—less than she'd actually contributed.

A £1,200 cohabitation agreement would have prevented £28,000+ in litigation costs and guaranteed Sophie received the share she deserved.

Children complications:

Without a cohabitation agreement specifying child arrangements, disputes over custody splits, school decisions, and child maintenance can drag through Family Court.

While child maintenance is handled through the Child Maintenance Service, custody and decision-making disputes become expensive legal battles without clear prior agreement.

The prevention value:

A £799 to £1,200 cohabitation agreement prevents £20,000 to £50,000+ in litigation costs. More importantly, it prevents the emotional devastation of fighting with someone you once loved while trying to move on with your life.

The Affordable Way to Get Both (WUHLD Will + Cohabitation Agreement)

Complete legal protection for unmarried couples doesn't require tens of thousands of pounds. Here's the affordable, practical pathway.

Step 1: Create wills for both partners

£49.99 each with WUHLD = £99.98 total for both partners
15 minutes each to complete online
Preview free before paying anything
Legally valid under UK law

Step 2: Get a professional cohabitation agreement

£799 to £1,200 with fixed-fee online services (Divorce-Online, Co-op Legal Services)
£1,200 to £3,000 with traditional family law solicitors for complex situations
Requires negotiation between partners and independent legal advice

Total cost for complete protection: £900 to £3,100

This is a one-time investment protecting assets typically worth £200,000 to £500,000+.

Why start with wills:

Death is unpredictable and more immediately catastrophic than separation. You can't predict a cycling accident, sudden illness, or unexpected tragedy. But you CAN create a will in 15 minutes today.

Wills are simpler and cheaper than cohabitation agreements. There's no excuse for delay.

Why cohabitation agreements cost more:

Cohabitation agreements require more time and professional input:

Negotiation between both partners about financial arrangements
Independent legal advice for both parties from separate solicitors (required for enforceability)
Property valuation considerations
Detailed financial disclosure
Solicitor time for drafting and review

But they're still worth every penny for separation protection.

Timeline recommendation:

Create wills THIS WEEK (15 minutes each with WUHLD)
Schedule cohabitation agreement consultation within 1-2 months
Update both documents when major life changes occur

WUHLD value proposition:

For £49.99 per person (vs. £650+ for solicitor wills), you get:

Complete, legally binding will
12-page Testator Guide explaining how to execute your will properly
Witness Guide to give to your witnesses
Complete Asset Inventory document
Preview your entire will free before paying
No subscriptions or hidden fees
Update anytime

Where to get cohabitation agreements:

Divorce-Online: £799 fixed fee
Co-op Legal Services: £1,200 fixed fee
Woolley & Co: from £1,500
Local family law solicitors: £1,200 to £4,000 depending on complexity

Priority hierarchy if budget is tight:

Get wills immediately (under £100 total for both partners)
Save for cohabitation agreement over next 3-6 months
Never go without either document long-term

The wills protect against the most immediately catastrophic risk (unexpected death). The cohabitation agreement protects against separation disputes. You need both, but if you can only afford one right now, prioritize wills.

When to Create (and Update) These Documents

Timing matters. Here's when you need both documents and when to update them.

Create BOTH documents immediately if you're:

Buying property together
Having or expecting a child
Moving in together with significant shared expenses
Merging finances or opening joint accounts
One partner is financially dependent on the other

Create wills immediately (even before cohabitation agreement) if you're:

Unmarried with any assets worth protecting (even £10,000+)
Have children from this or previous relationships
Own property jointly or separately
Have elderly parents who might predecease you
Work in high-risk occupation or have health conditions

Critical timing priority:

Create wills BEFORE the cohabitation agreement if you can only do one first. Death risk is immediate and catastrophic. A 36-year-old cyclist, a 41-year-old with undiagnosed heart condition—death doesn't wait for you to "get around to it."

Life events requiring updates to BOTH documents:

Marriage or civil partnership (huge legal change—marriage automatically revokes wills unless made "in contemplation of marriage," and gives automatic legal rights that change your cohabitation agreement's relevance)
Birth or adoption of children
Buying property or significant assets
Receiving inheritance
Major income changes (promotion, redundancy, business success)
Moving house (especially across England/Scotland/Northern Ireland borders where laws differ)
Ending the relationship (update wills immediately to remove ex-partner)

Review schedule:

Review wills every 3 to 5 years minimum or after major life changes
Review cohabitation agreements every 5 years or when financial circumstances change significantly

What happens if you marry:

Marriage changes everything legally:

Cohabitation agreements become less relevant (marriage gives automatic rights)
Wills are automatically revoked unless made "in contemplation of marriage"
You'll need new wills immediately after marriage
Consider a prenuptial agreement instead of (or in addition to) cohabitation agreement

Age-based urgency:

20s to 30s without children: might delay cohabitation agreement, but still need wills if cohabiting
30s to 40s with children: need BOTH immediately (highest urgency)
45+: need BOTH immediately regardless of children (higher death risk, significant assets)

The "we'll do it later" trap:

Later might never come. 1 in 250 people die unexpectedly before age 45. 42% of cohabiting relationships end in separation.

Creating these documents today is the most loving thing you can do for your partner and children.

Frequently Asked Questions

Q: Can a cohabitation agreement replace a will for unmarried couples?

A: No. Cohabitation agreements cover financial arrangements during the relationship and if you separate, but they become legally irrelevant when one partner dies. Only a will can ensure your unmarried partner inherits from your estate. You need both documents for complete protection.

Q: What happens to my partner if I die without a will but we have a cohabitation agreement?

A: Your partner inherits nothing automatically. The cohabitation agreement terminates upon death, and intestacy rules apply. Your estate goes to your children, or if you have no children, to your parents, siblings, or other blood relatives. Your partner can attempt an Inheritance Act claim, but this is expensive (£10,000 to £30,000+ in legal fees), uncertain, and must be made within 6 months.

Q: How much does it cost to get both a cohabitation agreement and wills?

A: For complete protection: £900 to £3,100 total. Wills cost £49.99 each with WUHLD (£99.98 for both partners) or £650+ each with solicitors. Cohabitation agreements cost £799 to £1,200 with fixed-fee online services or £1,200 to £3,000 with traditional solicitors. This one-time investment protects assets typically worth £200,000 to £500,000+.

Q: Do we need a declaration of trust if we have a cohabitation agreement?

A: Most cohabitation agreements include declaration of trust provisions (property ownership splits), so you don't need a separate declaration of trust. However, if you only want to document property ownership without addressing broader financial arrangements, a standalone declaration of trust (£200 to £1,000) is sufficient. Cohabitation agreements are more comprehensive.

Q: Are cohabitation agreements legally binding in the UK?

A: Cohabitation agreements are likely to be enforceable IF properly drafted. Both parties must receive independent legal advice from separate solicitors, make full financial disclosure, sign voluntarily without duress, and sign the agreement as a deed. Courts generally uphold properly executed agreements but can override them if circumstances changed dramatically or terms are unfair.

Q: Can I make a will without getting a cohabitation agreement?

A: Yes. You can (and should) make a will whether or not you have a cohabitation agreement. A will is essential for ensuring your partner inherits from your estate. However, a will alone doesn't protect you if you separate—you'd still be vulnerable to property disputes and have no automatic rights to maintenance. For complete protection, you need both.

Q: What happens if we get married—do we need new documents?

A: Yes. Marriage automatically revokes your wills (unless they were made "in contemplation of marriage"), so you'll need new wills immediately after marrying. Marriage also gives you automatic legal rights to each other's estates and financial support upon divorce, making cohabitation agreements less relevant. Consider replacing your cohabitation agreement with a prenuptial agreement before marriage.

Taking Action—Your Next Steps to Complete Protection

You now understand why unmarried couples need both cohabitation agreements and wills. Here's your action plan.

Key takeaways:

Understand that cohabitation agreements and wills protect against different risks—separation vs. death—and you need both for complete protection
Create wills immediately for both partners (£49.99 each with WUHLD) since death is unpredictable and intestacy rules leave unmarried partners with nothing
Invest in a professional cohabitation agreement (£799 to £1,200 fixed fee) within 1 to 3 months to protect property and financial arrangements if you separate
Remember that 46% of cohabitees wrongly believe "common law marriage" gives them legal rights—without these documents, you're completely vulnerable
Update both documents every 3 to 5 years and whenever major life changes occur (children, property, inheritance, relationship status)

With 3.5 million cohabiting couples in the UK, unmarried partnerships are now Britain's fastest-growing family type. Yet most couples remain dangerously unprotected, believing myths about common law marriage or assuming one legal document covers all scenarios.

The truth is stark: without both a cohabitation agreement and wills, you're gambling with your family's entire financial future—your home, your children's security, and your partner's ability to survive financially if something happens to you.

Don't wait until it's too late. Start with the most critical protection today: create legally valid wills for you and your partner in just 15 minutes each with WUHLD.

For £49.99 per will—no subscriptions, no hidden fees—you'll get:

Your complete, legally binding will
A 12-page Testator Guide explaining how to execute your will properly
A Witness Guide to give to your witnesses
A Complete Asset Inventory document

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer: This article provides general information about cohabitation agreements and wills in England and Wales and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. Cohabitation agreements require careful drafting and independent legal advice for both parties to be enforceable. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice. Different rules apply in Scotland and Northern Ireland.

Sources: