Cohabitation dispute solicitors in Leicester

More couples live together without marrying than ever before, but the law hasn’t caught up. When a cohabiting relationship ends, there’s no equivalent of a divorce financial settlement.

The family home

Who gets what usually depends on property and trust law, not on fairness or need. The starting point is how the property is legally owned.

• Joint names: the starting point is usually that you share equally, unless there’s evidence of a different agreement, such as a declaration of trust.
• One name only: the other partner needs to show they have a beneficial interest, usually through a common intention that they should share, backed by conduct relied on. These claims are brought under the Trusts of Land and Appointment of Trustees Act 1996 and turn heavily on evidence.

Children

Arrangements for children work the same way as for married parents. See child arrangements. Financially, child maintenance applies, and under Schedule 1 of the Children Act 1989 the court can sometimes order provision for a child, such as a home to live in until they’re grown up.

Protecting yourself

If you’re buying together, a declaration of trust recording your shares is simple and valuable. A cohabitation agreement can go further. If one partner is moving into a home the other owns, taking advice at the start is far cheaper than a dispute later. Also check your wills: an unmarried partner inherits nothing under the intestacy rules.

If you’re separating now

Gather documents about the purchase, contributions and any conversations about ownership. Emails and messages can matter. Mediation often works well, and a solicitor can tell you how strong your position is before costs build up.

Common questions