Cohabitation Dispute Solicitors

What is a Cohabitation Dispute?

Cohabitation disputes arise when a couple who have been living together end their relationship. If a couple is not married or in a civil partnership, they have very limited legal rights towards one another’s assets. Misunderstandings about what rights and claims they may have often create disputes, especially about future ownership of their home.

What should I do if I’m having a Cohabitation Dispute with an ex-partner?

Cohabitation disputes can be complex and confusing and, if the right approach isn’t taken, contentious. It is vital that, if you find yourself in a cohabitation dispute with your former partner that you instruct a specialist Family Law Solicitor or Lawyer at the earliest opportunity.

Taking this step will help you to understand your current position, what legal rights and responsibilities both you and your partner have and what steps you can take to resolve a dispute in a positive way.

What is a Cohabitation or Living Together Agreement?

A cohabitation agreement is a contract signed by an unmarried couple who are living together. It serves to clarify both parties’ rights in relation to their property, finances, and assets and what arrangements should be made in the event of a separation.

Cohabitation agreements can often prove to be an effective method of preventing cohabitation disputes.

Do Cohabitation Agreements hold up in court?

Cohabitation agreements are considered legally binding and will hold up in court if there is a dispute between a cohabiting couple. This is provided that it has been drafted correctly, and both parties receive independent legal advice in its contents prior to signing. It is a good idea to enter into any such agreements before moving in together, but it can be done at any time.

Am I entitled to half the house if we’re not married?

The legal position will be determined by whether the property is held jointly or in the sole name of one party. ‘Joint tenants’ are likely to be entitled to an equal share of its value at the end of a relationship. There might be the possibility of “equitable accounting” to take into account payments made by one party following separation if those payments have reduced the mortgage on the property, for example.

However, even if both names are on the deeds, it does not necessarily mean you have equal shares. The property could have been registered as “tenants in common” in equal or unequal shares if, for example, one person invested more money when it was purchased.

In this situation, your share of the property would pass in accordance with your will, or the rules of intestacy, should one of you die and this means it would not automatically belong to the surviving owner as would be the case for joint tenants.

Many tenants in common do not have equal shares and you may have an agreement, such as a deed or declaration of trust, setting out your ownership. This type of document is legally binding and is often entered into if one party has provided a greater share of the deposit.

If your family home is in your partner’s sole name, you would have no entitlement to a share of its value, as a starting point, no matter how long you have lived together.
In these circumstances, it is important to take expert legal advice urgently. It may be that we can prove you have an interest in the property and make a claim for a share of the equity, as well as establish your right to continue living there.

What are my rights if my partner leaves the house but stops paying bills?

In this scenario, it is important to first consider whose names the household bills are in. If your partner’s name is still on the bills, they will remain liable for their share.

If your former partner refuses to pay the bills after moving out, you may need to engage in negotiations with them to secure payment.

Can cohabitants make financial claims against each other after separation?

Typically, cohabiting couples do not automatically have any right to make financial claims against one another following a separation.

However, if one or both partners owned a property that was shared together, it may be possible to make a claim under The Trusts of Land and Appointment of Trustees Act (TOLATA). This gives the Court the power to make decisions where there are disputes over the ownership of the property and who can live there. Also, if there are any children from the relationship, it is possible to make claims under The Childrens Act 1989 Schedule 1 for Maintenance and/or lump sums to meet the needs of any children including housing needs.