Cohabitation disputes

Cohabiting couples are the fastest growing type of family in the UK. Cohabitation is where two or more people are living together without being legally married or in a civil partnership.

Cohabitees are not protected by the same laws as married couples or those in a civil partnership upon separation or death of a partner. Indeed, unless property is held in joint names, as a cohabitee, there are no guaranteed rights to ownership of each other’s property upon separation or death. It can therefore come as a surprise to hear that they may not be entitled to half of the property upon separation as they had assumed.

How we can help

The division of property can be extremely complex and, unless an agreement can be reached, it is common for cases to be taken to court for a judge to determine respective interests. Cohabitants must rely upon a patchwork of laws of property, trust, and contract to exert their rights. The two main pieces of legislation used by cohabitants upon relationship breakdown are: 1. the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996 with cases falling under the civil jurisdiction of County Courts and the High Court; and 2. the Children Act 1989 (where cohabitants have joint children under 18 years of age), with applications dealt with in the Family Court. Our specialist lawyers can assist you to navigate each.

We have specialist expertise in in all types of cohabitation dispute:

1. disagreements as to whether a property must be divided
2. disagreements as to the respective shares in that property
3. preserving a home for one of the cohabitees and / or his / her children
4. finding practical solutions to separating into two households
5. seeking financial sums in recognition of contributions made to a former partner’s property
6. disagreements about arrangements for children, such as how their time is divided between parents, where they go to school, whether they can live abroad with one parent etc.

At all times, we aim to resolve these as efficiently as possible to avoid recourse to legal proceedings.

If agreement cannot be reached and a form of dispute resolution is unavoidable, we have the expertise to issue and defend legal proceedings, regardless of whether property is held in a sole name or joint names.

We can also help to protect cohabitees before a dispute arises by drafting cohabitation agreements or declarations of trust to set out parties’ rights and responsibilities should the relationship break down, with a view to avoiding legal disputes altogether.

No matter the objective, our experienced and tenacious team will vigorously pursue a strategy to achieve a successful outcome for you at proportionate cost. Our pricing structure includes fixed and capped fees which aim to limit our clients’ costs exposure and provide certainty from the outset.