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Disputes between unmarried cohabitees are some of the most common disputes involving property.
This is because, in cases of separation, cohabiting couples do not enjoy the same legal protections as couples who are married or in civil partnerships.
Instead of matrimonial law, the law of property, in the form of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), applies.
Also, unless a property is held as joint tenants (jointly), cohabiting individuals will not have automatic rights to each other's property in the event of death.
Contributions at the time of purchase may not determine the extent of a person’s interest, and instead, the focus will be on what the parties actually agreed, or what it can be inferred they agreed.
If you find yourself in a cohabitation dispute, it is important to seek advice from a professional property dispute solicitor at an early stage, to understand your entitlement and options.
At Johnson Astills, our expert family solicitors can assist with a wide range of matters, including property ownership disputes, TOLATA disputes and court proceedings, cohabitation agreements, Deeds of Separation, Declarations of Trust and Wills, to prevent and resolve disputes.
To speak to a member of our team about your cohabitation property dispute, please contact our cohabitation agreement solicitors in Leicester and Loughborough or use our contact form to request a call back.
At Johnson Astills, our family solicitors have many years of experience helping couples in cohabitation property disputes get the right outcome under challenging circumstances.
The team is headed by Director and Solicitor, Emma Mitchell and supported by the Family team. The team have extensive legal experience, with their approach being grounded in offering straightforward, practical advice that helps clients secure the best possible outcome in every situation.
We are Lexcel accredited by the Law Society for the high standards of our legal practices and are independently regulated by the Solicitors Regulation Authority (SRA).
Our cohabitation property dispute solicitors can assist with resolving property disputes by offering expert legal guidance tailored to your situation. Navigating property disputes between unmarried couples can be complex as cohabiting partners do not have the same legal protections as married couples or those in civil partnerships.
We use Alternative Dispute Resolution methods to facilitate negotiations, aiming for amicable settlements whenever possible. Our solicitors also have the expertise to pursue court proceedings where this is necessary.
We provide pragmatic and realistic advice so you can understand your options and entitlement. We will work with you to achieve the best possible outcome that allows both parties to move forward.
If you are unable to reach an agreement, we can assist with mediation and represent you in court if needed. Once an agreement has been reached, we can make it legally binding, so your former partner cannot make a claim for your assets in the future. We aim to achieve an effective resolution and minimise the emotional and financial costs for all parties involved.
If you find that you are engaged in a dispute over the contents of a jointly owned property with your former partner, our cohabitation dispute lawyers can offer guidance to help you navigate the situation.
If you co-own a property and are unable to agree on its sale or the division of equity, you have the right to apply to the court to resolve the matter.
Under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), the Court has the authority to make an order for the property to be sold, which specifies how the equity is to be divided.
Our cohabitation dispute lawyers can support you through this process and advocate for your best interests throughout the court proceedings.
A cohabitation agreement is a legal contract designed for couples who are living together or planning to do so.
These agreements cover financial matters such as dividing property upon sale, determining ownership of valuable assets, and addressing how shared contents will be handled if the couple separates.
Creating a cohabitation agreement helps reduce uncertainty in shared living situations. Our solicitors are experts in crafting customised agreements tailored to your specific requirements.
A Declaration of Trust can be used to record an agreement for the ownership of property. A Declaration of Trust can be made either at the time of purchase or at any later time, for example, if further borrowing is secured or monies are spent on an extension. A Declaration of Trust can detail contributions, circumstances that will trigger a sale, and the distribution of proceeds upon sale.
Having a Declaration of Trust ensures the property is managed fairly and can prevent disputes from arising further down the line. Any later adjustments to ownership of shares should be agreed upon and recorded.
Our solicitors can assist with preparing a Declaration of Trust to safeguard your interests.
Upon the breakdown of a relationship, it is sensible to consider converting a Joint Tenancy of co-owned property into a Tenancy in Common. Doing this will prevent ownership from passing to the other co-owner automatically upon the death of the first.
Our property dispute solicitors can help with the severance of a joint tenancy so that your share of a property is protected.
Having a Will is essential, especially for cohabiting families, as intestacy laws do not recognise cohabitants or account for step-children.
If a cohabiting partner passes away without a Will, the surviving partner will not inherit their estate, except for co-owned property held as joint tenants.
The absence of a valid Will can result in assets being distributed to the deceased's biological family, potentially leaving the surviving partner with no entitlement and having to embark on expensive legal proceedings to address this.
Our experienced solicitors can assist you in creating a Will or handling disputes related to Wills.
A cohabitation dispute typically arises when unmarried couples separate and disagree on what should happen to a property that they co-own. The dispute may be over whether the property should be sold or how the proceeds of a sale should be divided.
Unlike married couples or those in civil partnerships, cohabiting partners lack legal protections, which can lead to disputes over shared assets and responsibilities. It is advisable to seek legal advice at an early stage to help resolve these disputes, as they often involve complex legal and financial considerations.
Cohabitation agreements can be enforced if they are properly drafted, fair, and meet legal requirements.
While they are not automatically legally binding, courts often consider these agreements when resolving property disputes between cohabiting couples, as they aim to take into consideration the parties’ wishes.
Tenants in common are co-owners of a property, each holding a specific share. Unlike joint tenants, where shares are presumed to be equal and pass automatically to the surviving owners upon death, tenants in common can hold unequal shares which, upon death, will pass in accordance with their Will or the intestacy rules. Holding as tenants in common can offer more peace of mind with regards to property ownership and additional protection if supported by a Declaration of Trust.
In law, there is no such thing as a common-law spouse, and so cohabiting will not automatically entitle someone to an interest in a property.
Instead of matrimonial law, unmarried couples’ entitlement to property will be determined in accordance with the law of property, which can lead to harsh results that are not necessarily reflective of contributions. It is advisable for unmarried couples to seek legal assistance to navigate property disputes at an early stage, as it can be a complex area.
For help and advice on any matter related to cohabitation property disputes, get in touch with our cohabitation dispute resolution solicitors by contacting our local offices in Leicester and Loughborough, or feel free to use our contact form to request a call back.
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