Moving in together: checklist

Are you thinking of living together or getting engaged? Here are our Top Tips to help you navigate the way forward.

Choosing to spend your life with another person is huge and it is easy to get distracted by the excitement of choosing a home, buying a ring or even buying a pet together.

Here are some top tips to consider before doing so:

1. Cohabiting couples do not have the same rights as a married or civil partnered couple if the worst were to happen and a partner passes away. It is very important to make a will if you wish to provide for your partner as the intestacy laws do not apply. More information on cohabiting couples.
2. If a relationship comes to an end, there are very different outcomes depending on whether or not the parties are married or civil partners. The rights of a cohabitant are limited to claims based on ownership, founded by property and trust law. They can be complex and difficult to make out. See our quick guide to cohabitation and our guide to establishing beneficial interest in property.
3. Additional claims can be made if the parties are parents, but these too are limited compared to claims made by married or civilly partnered parents. Claims would be made under Schedule 1 Children Act 1989
4. Protecting property rights by entering into a declaration of trust to ensure that there is agreement on who owns what is important, as is considering entering into a cohabitation agreement. 
5. For other issues to think about, read our Survival Guide to Cohabitation
6. Pet ownership post separation can also be a huge worry. More information on how pets are dealt with.
7. Until a marriage takes place, parties are treated as if they are unmarried. However – what happens to an engagement ring? The Law Reform (Miscellaneous Provisions) Act 1970 states: “The gift of an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason.” As such, it won’t be returned unless it is proven that there was an expectation that if the wedding did not take place, or in the event of a future divorce, then the ring would be returned. An example may be that the ring was a family heirloom. Be clear and document the intention for the ring to be returned before giving it!
8. Think about a pre-nuptial agreement if you plan to marry or enter into a civil partnership, particularly if there is an imbalance of wealth between you. Alternatively, you may simply wish to ‘pre-determine’ the scope of a financial settlement if the relationship falters, and avoid the stress and cost of contested litigation on the issue later down the line. 
9. If you have children together, work out if you hold parental responsibility for your children and if not, how to acquire it. Parental responsibility is an important status and enables key decision to be made by both parents together.
10. Finally, our top tip is to try to keep communicating. Whether together or apart, it's about creating a culture of respect, understanding, and kindness within the relationship. It’s not about never having conflicts; it's about how you manage and resolve those conflicts in a healthy way.