When unmarried couples separate, disputes can often arise regarding the ownership, occupation or sale of jointly held property.
Despite common belief, English law does not recognise the concept of a “common law marriage”. The same legal principles can apply whether co-owners are unmarried partners, friends or business associates.
Separation for Non-Married Couples and Cohabitees
If your relationship breaks down, we can advise you on your rights regarding any joint property and the support of your children. We provide clear, practical advice to help you understand your position and protect your interests:
- who is entitled to live in the property and is responsible for the mortgage payments
- compelling the sale of a property or buying out another co-owner
- how proceeds are divided following a sale
- arrangements relating to children
- mediation, negotiation and court proceedings
- other assets and liabilities, including bank accounts, loans, cars and pets
We will assist you in considering the options to recover your assets and protect your home and financial interests, avoiding acrimony where possible and seeking a speedy resolution.
Cohabitation Agreements
While no one enters a relationship expecting it to end, planning can help avoid uncertainty and disputes later on.
Such agreements are increasingly common. They can provide clarity and certainty for both parties from the outset. We can advise you on how best to organise your affairs, including cohabitation agreements, and discuss property law in respect of jointly owned property, such as formal declarations of trust.
If you would like advice about separation, property disputes or cohabitation agreements, our family team is here to help.
Further Information
Cohabitation and Separation: View Online Download PDF