Cohabiting couples are now the fastest-growing family type in the UK. But while more people are choosing to live together without marrying or entering a civil partnership, many remain unaware of the risks. The legal protections for cohabitees remain limited and many are surprised to learn there is no such thing as a ‘common-law marriage’ in English law, which can lead to unexpected and costly disputes if the relationship ends.
When a relationship between cohabiting partners breaks down, property and financial disputes can quickly become complex. Unlike divorcing spouses, there is no automatic right to share assets or claim maintenance. Ownership disputes are dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which focuses on who actually owns or has a beneficial interest in a property.
Common property disputes
Some of the most frequent issues include:
- Buying a home in joint names without recording each person’s intended share.
- Contributing to mortgage payments, renovations or bills on a property held in one partner’s sole name.
- Assuming long-term cohabitation provides the same legal rights as marriage or civil partnership.
- Failing to update arrangements when financial contributions change over time.
These situations can give rise to costly and emotionally charged disputes about ownership and entitlement. Courts will look carefully at each party’s financial contributions and intentions, but without clear documentation, outcomes can be uncertain.
Protecting your position
The best protection is forward planning. A Cohabitation Agreement or Declaration of Trust can set out exactly what each partner owns, contributes and, importantly, what each party intends in terms of ownership. Taking advice at the outset, or when circumstances change, can prevent misunderstandings and provide clarity if the relationship ends or one partner dies.
How Trethowans can help
At Trethowans, our family lawyers regularly advise clients on cohabitation issues and TOLATA claims. We work closely with individuals to understand their circumstances, protect their interests, and resolve disputes efficiently, whether through negotiation, mediation or other forms of Alternative Dispute Resolution, or where necessary, court proceedings.
If you are buying a property with a partner, contributing to a home not in your name, or separating after cohabiting, early advice can make all the difference. Get in touch today for your free initial consultation, call us on 0800 2800 421 or make an enquiry here.
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Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
