Cohabitation & Property Disputes

Cohabitation Disputes

Disputes often arise on the breakdown of a relationship between a cohabiting, but unmarried, couple. The myth of the ‘common law marriage’ means many do not appreciate that the legal rights of cohabiting couples are very different to those of married parties, therefore need to be considered carefully.

We can provide you with expert advice on your legal position including:

• Claims and disputes relating to the ownership of property (whether jointly owned or in one person’s sole name).
• Rights of occupation of a property.
• Child maintenance and other financial claims on behalf of a child (e.g. transfer of property, payment of private school fees).
• Claims relating to other jointly owned assets.

Property Disputes

The rights on separation of unmarried couples are very different to those of married couples. In relation to property, claims are made under the Trusts of Land and Appointment of Trustees Act 1996 (usually referred to as ‘TOLATA’ and a ‘TOLATA claim’).

While this can sound complicated and daunting, this is the process of deciding the entitlement of parties to a property, and whether that property should be sold. Sometimes a party can have an interest in a property even if they are not a legal owner. Such an interest may arise by agreement between the parties, through contributions made to the purchase price or mortgage payments, and in many other situations.

We can provide you with expert advice on your legal rights, whether as a co-owner or where the property is in one party’s sole name.