“Let’s move in together” - It seems that these words are becoming ever more popular with marriages at an all time low according to today's newspapers. It is increasingly common for couples to live together before they marry and, sorry to be so unromantic, but it is also more common for unmarried couples to break up than their married counterparts.

So the prospect of breaking up needs to be considered particularly for unmarried couples as the law governing division of assets is more complicated than for married couples.

Contributions to outgoings, such as the mortgage and utility bills do not, surprisingly, necessarily bring an entitlement to a share in the property.
The couple must have advice when they buy about the way in which they will legally hold it. Joint Tenants means that they have equal shares which will obviously become relevant should they decide to sell their property, or separate, or both! On death, the survivor will automatically inherit the whole of the property irrespective of the terms of a will or otherwise.

The alternative is Tenants in Common. This allows the parties to specify their shares in the property. This is, understandably, important to agree from the outset and should be recorded in a declaration of property trust. As the share of the property forms part of the couples’ estate, an up to date will must be in place to ensure that it passes to the correct beneficiary. Otherwise, you could end up owning your home with your deceased partner’s parents!

Additionally, an unmarried couple should consider a Cohabitation Agreement. This sets down what they intend to contribute and to what they will each be entitled. It extends further to cover the impact of the arrival of children, whose surname the little ones will take and contributions to their financial maintenance.

So before setting aside time and a budget for the wallpaper for the garish feature wall, you need to do the same for some bespoke legal advice.