Can Cohabitation Create Inheritance Rights?

Understanding how Universal Partnerships may affect your estate According to the Collins English Dictionary, cohabitation is defined as: “the state or condition of living together in a conjugal relationship without being married.” Basically, it is when a couple who are in a romantic relationship live together and behave like a married couple—like husband and wife—without being formally married to one another, either through Civil or Customary law. A commonly held misconception is that if a formal Civil or Customary marriage has not been entered into, then no legal rights and obligations—as would ordinarily flow from a marriage, such as the creation of a joint estate or the potential right to inherit—would be conferred upon an unmarried couple. That is not necessarily true.

The manner in which parties interact, behave, and contribute within a cohabitation setting may give rise to the creation of what is termed a Universal Partnership between them, from which certain claims may arise at the dissolution of their relationship, whether through separation or the death of one of them. Mere cohabitation does not automatically give rise to the formation of a Universal Partnership. There are certain elements that must be proven by a party who seeks to assert that such a partnership has been created and come into existence through cohabitation. The elements that need to be proven for a Universal Partnership to have been created are as follows: (i) Each of the parties must bring something into the partnership, whether it be money, labour or skill; (ii) The endeavour should be carried on for the joint benefit of both parties;