Cohabitation & Disputes
OVERVIEW
Living together without being married doesn’t give you the same legal rights as a married couple.
If you separate, there’s no automatic right to a financial settlement, even after a long relationship. This can come as a surprise, which is why it’s important to understand your position early on.
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If you need advice about cohabitation or a dispute following separation, Get in touch with our team today.
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Full Detail
What to expect
If you’re not married or in a civil partnership, financial matters are not dealt with in the same way as divorce.
Issues that often arise include:
- Ownership of property
- Contributions to a home or mortgage
- Financial arrangements after separation
- Disputes over assets
These situations can become complex, particularly if there is no formal agreement in place.
Property disputes (TOLATA claims)
If you and your partner are not married and there is a dispute over property, this is usually dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
These claims can arise where:
- Property ownership is unclear
- One party has contributed financially but is not on the title
- There is a dispute about how the property should be divided or sold
These cases can be complex and are based on property law rather than family law.
What you need to know
- There is no such thing as a “common law marriage”
- You do not automatically have a right to your partner’s assets
- Claims are usually based on property law rather than family law
- Time limits can apply depending on the type of claim
Getting advice early can make a significant difference to how matters are resolved.
Cohabitation agreements & Declarations of Trust
With more people choosing to live together without marrying, it’s important to put clear agreements in place.
A cohabitation agreement sets out how you manage finances and living arrangements while you’re together.
A Declaration of Trust records how a property is owned and how any equity should be divided if the property is sold or the relationship ends.
These documents can help avoid disputes and provide clarity if circumstances change.
How we can help
We’ll help you understand your position and advise you on the best way forward.
We can assist with:
- Preparing cohabitation agreements
- Drafting Declarations of Trust
- Property disputes between unmarried couples
- Advising on your legal rights
- Negotiating agreements
- Taking legal action where needed
Get in Touch
If you need advice about cohabitation or a dispute following separation, Get in touch with our team today.
New website enquiry
