Unmarried Couples

Cohabiting couples do not share the same rights or protections as those who are married / in a civil partnership.

If there is a dispute regarding ownership or share of property on the breakdown of a relationship, a civil claim can be made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). These claims are often difficult to entangle, and each case is fact specific – what did the parties intend?

The court’s powers are quite narrow – it can order the sale of the property, declare the parties beneficial shares in the property, and make orders by way of an account/ compensatory orders.

The costs of TOLATA litigation can be high and may be prohibitive given the scope of such applications. We aim to take a pragmatic approach to such disputes and negotiate/ secure ADR to help resolve these issues.

Cohabitation agreements:

If you are thinking about moving in with your partner, but you are not intending to marry or enter into a civil partnership, you should consider how you wish to own your property and what should happen if you separate. We can draft or advise on the terms of a cohabitation agreement (or a ‘living together’ agreement) setting out the ownership of existing assets, your financial responsibilities towards each other and how savings and jointly owned assets will be divided should you later separate.