Cohabitation Dispute Resolution Solicitors

Cohabiting couples have far fewer rights than married couples. When a relationship breaks down, it can result in disagreements, particularly in respect of property.

It is common for couples to live together for long periods and own property together without marrying. It is important to understand that cohabitees do not enjoy the same rights as married couples or those in a civil partnership, which can often lead to disputes and disruption.  

Cohabitation disputes could relate to decisions over co-owned property, arrangements for children and the enforcement of a cohabitation agreement. Whatever the circumstances, it is important to seek out specialist legal advice so that a resolution can be found quickly and without matters escalating any further.

At Johnson Astills, our expert family solicitors regularly advise and represent clients who have separated from the person they were living with and find themselves involved in a legal dispute. Our experience and expertise ensure that we are well positioned to inform you of your rights and discuss the options that may be available to you.

For sensible, cost-effective help resolving a cohabitation dispute in Leicester, Loughborough and the surrounding areas, please get in touch with a member of our team.

You can contact your local Johnson Astills office or feel free to use our contact form to request a call back.

Why choose our family solicitors in Leicester and Loughborough?

Our family solicitors have previously provided support to couples from a range of backgrounds, using their expertise to help secure a positive outcome for a wide range of issues.

Cohabitation disputes at Johnson Astills are led by Director and Solicitor, Emma Mitchell and the Family team. Emma and Victoria 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 dispute expertise

Cohabitation rights

The rights that cohabitees have may not always be immediately obvious, particularly as they differ from the rights that married couples and civil partners enjoy. If you are facing a disagreement with your former partner, we can carefully discuss your situation with you and offer tailored advice on your rights and current position.

From here, we can advise you on the actions you will be able to take and what outcome is likely to be in your best interests, whether it relates to any shared property and assets, arrangements for children, or how to enforce a cohabitation agreement.

Cohabitation property disputes

Most cohabitation disputes arise when a couple separates and one of them leaves the home that they shared together. If the property is jointly owned, it may be necessary for the property to be sold so that each party can realise their share and be released from a mortgage.

Alternatively, if you are not a legal owner, you may want to find out if you can claim a beneficial interest in the property because you contributed to the property during the relationship.

Whatever the circumstances, there are a number of ways to try to resolve these types of cohabitation disputes. Our family solicitors can support you in exploring the options available to you, including various forms of alternative dispute resolution.

More information regarding our expertise with cohabitation property disputes can be found here.

Enforcing a cohabitation agreement

If you already have a cohabitation agreement in place, this will usually form the basis of the arrangements that should be made for your property, finances and children when you separate.

Where your former partner fails to adhere to the terms of a cohabitation agreement, we can advise you on your options for enforcing it.

Child arrangements disputes

Every parent will always seek to prioritise their children’s wellbeing during an event as significant as a separation. If you are no longer cohabiting and you and your former partner are unable to agree on what arrangements would be in your children’s best interests, our team will be able to lend their support.

We can provide clear advice on your rights and help you take action to resolve any disputes you find yourself involved in.

Cohabitation dispute resolution FAQs

What is a cohabitation dispute?

A cohabitation dispute is a disagreement that can arise when a cohabiting couple, who are not married or in a civil partnership, decide to end their relationship. As the legal rights of a cohabitee are limited compared to married and civil partners, coming to an agreement over the various arrangements that need to be made following a separation can often prove challenging.

What rights do I have if I split up with my partner?

If you own a property with your former partner, you may be equally entitled to access and live in it. This means, for example, that one owner is not entitled to change the locks and exclude the other co-owner from the property.

What share of the property am I entitled to?

What share of a property a co-owner is entitled to is not determined by rules of fairness. This means that a party who made a greater contribution is not automatically entitled to a greater share of the proceeds when the property is sold.

Who will be entitled to what will largely depend on whether you are ‘joint tenants’ or ‘tenants in common’. If you are joint tenants, the presumption is that you would split the proceeds of the sale equally. If you are tenants in common, your intention at the time of purchase will be relevant and there may be scope to depart from an equal split. If you made a declaration that you were ‘tenants in common in equal shares’ at the time of purchase, this can be hard to challenge.

If the property you lived in is in your former partner’s sole name, it can be very difficult to persuade a court that you are entitled to a share of the equity, and you will need to satisfy the court that it was intended by both of you that you would have an interest in the property despite the fact that your name is not on the title deeds.

The court will take into account things like who paid the deposit, who paid the mortgage, who funded any improvement/building works, etc and what promises were made.

What rights do I have as a common law spouse?

There is no such thing as a common law marriage or common law spouse. It is a myth that cohabiting partners accrue similar rights to married couples/civil partners simply because they have lived together over a period of time.

If you are not married, the best way to protect yourself is to enter into a cohabitation agreement and/or declaration of trust.

What is a cohabitation agreement?

A cohabitation agreement is a contract which an unmarried couple can sign when they are living together. The primary function of a cohabitation agreement is to clarify both parties’ rights with regard to their property, finances and assets and, importantly, what should happen if they separate. Cohabitation agreements can be effective for preventing disputes arising in the first instance, as both parties are aware of their respective positions.

Even if having a cohabitation agreement cannot prevent a dispute from arising, it may help it to be resolved more quickly and more inexpensively.

Do cohabitation agreements hold up in court?

Cohabitation agreements are legally binding. This means that they will be upheld in court as long as they have been correctly drafted and both parties received independent legal advice prior to signing.

What happens if your partner dies and you are not married?

What happens to property owned by a cohabiting couple will depend on how it was held.

If you and your partner were joint tenants, their share of the property will pass automatically to you. However, if you and your cohabitee were tenants in common, their share will form part of their estate. If they made a Will, that will determine who inherits their estate. If they did not make a Will, the Rules of Intestacy will apply.

Unlike spouses and civil partners, cohabitees do not inherit under the Rules of Intestacy, and so you will have no automatic entitlement to the property or any other part of your partner’s estate.

This can cause problems if the person/people that do inherit want to realise their interest by a sale of the property.

Matters can sometimes be dealt with amicably through negotiation, but if this is not possible, you may be able to make a claim on the estate. There is a strict limitation period (six months from a Grant of Probate or Letters of Administration) and so it is important to seek legal advice straight away to ensure that your rights and interests are protected.

Contact our family solicitors in Leicester and Loughborough

For sensible, cost-effective help resolving a cohabitation dispute in Leicester, Loughborough and the surrounding areas, please get in touch with a member of our team.

You can contact your local Johnson Astills office or feel free to use our contact form to request a call back.