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Kylie Cox

Why Cohabiting Couples Must Understand Their Legal and Tax Status as Cohabitation Rates Soar

Updated: Aug 18

Will Writing Category

As cohabitation becomes increasingly common, with a record 9 in 10 couples choosing to live together before marriage, it is more important than ever for couples to understand their legal and tax status. This significant shift in relationship dynamics highlights the need for proper planning and awareness to protect both partners' interests.


The Rise of Cohabitation

Recent studies reveal that cohabitation rates have soared, with more couples than ever before opting to live together before tying the knot. This trend reflects changing societal norms and a preference for flexibility in relationships. However, many cohabiting couples are unaware of the legal and financial implications of their living arrangements.


Legal Implications

Unlike married couples, cohabiting partners do not automatically have the same legal rights. This can lead to complications in the event of a separation or death. Key areas where cohabiting couples should seek legal clarity include:

  1. Property Ownership: Ensure both partners' names are on property deeds to protect your interests.

  2. Parental Rights: Establish parental responsibility to safeguard your rights regarding your children.

  3. Inheritance Rights: Without a Will, cohabiting partners may not inherit from each other, potentially leading to disputes and financial hardship.

Tax Considerations

Cohabiting couples also face different tax considerations compared to married couples. Understanding these differences can help optimize your financial planning and avoid unexpected liabilities:

  1. Income Tax: Married couples can benefit from certain tax allowances not available to cohabiting partners.

  2. Capital Gains Tax: Transfers of assets between married couples are exempt from Capital Gains Tax, whereas cohabiting partners are not.

  3. Inheritance Tax: Married couples can transfer assets without incurring Inheritance Tax, a benefit not extended to cohabiting partners without proper planning.


Steps to Protect Your Interests

To ensure both partners are protected, consider the following steps:

  1. Draft a Cohabitation Agreement: Outline financial arrangements, property rights, and responsibilities in case of separation.

  2. Write a Will: Ensure your partner is provided for in the event of your death.

  3. Seek Professional Advice: Consult with legal and financial advisors to understand your rights and plan effectively.

Understanding the legal and tax implications of cohabitation is essential for safeguarding your future. As more couples choose to live together before marriage, taking proactive steps can ensure both partners are protected and prepared for any eventuality.

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