When an unmarried couple separates, the property rights typically remain with the person whose name is on the property title or tenancy agreement.
However, like a Prenuptial Agreement before marriage, you can use a Cohabitation Agreement to help determine property ownership upon separation. Couples typically use this agreement to state an equal interest and entitlement to any shared property gained in their relationship.
Cohabiting couples may also outline the specific assets or liabilities that they each own separately from one another. If they break up, authorities will generally respect and enforce the agreement rather than using statutes or case law to determine ownership during a dispute.
Without this document, cohabiting couples will likely need to gather ample evidence to assert any claims in court.
Property rights when your partner dies
Without certain legal documents in place, cohabiting couples won’t have any automatic entitlements to a share of their partner’s property when they die.
Generally, when two or more people own property together, they can do so as tenants-in-common or joint tenants.
If a cohabiting couple owns property as joint tenants and one partner dies, their share automatically goes to the remaining owner. However, if they are tenants-in-common, one partner’s share will count towards their estate when they die. In this case, authorities will distribute property rights according to law.
Courts will recognize and enforce a valid Last Will and Testament that designates property rights and other inheritances to a specific person—regardless of their legal relationship status with the deceased.
Without a Last Will, you may need to apply to the court for an award from your deceased partner’s estate. In this case, a Cohabitation Agreement would act as evidence to support your claim.