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.

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.