Cohabitation Disputes & Property Rights – Family Law Solicitors Manchester
Many couples in the UK choose to live together without getting married or entering into a civil partnership. These couples are often referred to as cohabiting couples.
However, there is a common misconception that couples who live together acquire the same legal rights as married couples under what is sometimes called a “common law marriage.” In England and Wales, this concept does not exist.
As a result, the legal rights of unmarried couples can be significantly different from those of married couples when a relationship breaks down.
At TM Fortis Solicitors, our experienced family law solicitors provide specialist advice to cohabiting couples in Manchester and across the UK who require assistance resolving property disputes, financial issues and arrangements concerning children following separation.
Do Cohabiting Couples Have Legal Rights?
Unlike married couples, cohabiting partners do not have automatic rights to each other’s property or financial assets if the relationship ends.
This means that when unmarried couples separate, disputes can arise regarding:
- Ownership of the family home
- Division of jointly owned property
- Contributions to mortgage payments
- Financial investments made during the relationship
- Household bills or other expenses
These disputes can become complex and often depend on property ownership, financial contributions and agreements made during the relationship.
Property Disputes Between Unmarried Couples
One of the most common disputes following the breakdown of a cohabiting relationship concerns the family home or other property.
Questions may arise such as:
- Who legally owns the property?
- Did both parties contribute to the purchase price or mortgage?
- Is the property owned jointly or in one person’s name?
- Did one partner financially contribute to improvements to the property?
Even if a property is owned in only one partner’s name, the other partner may still be able to establish an interest in the property under certain circumstances.
Legal claims relating to property between unmarried couples are often dealt with under Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
Protecting Your Interest in Property
If you believe that you have an interest in a property that is legally owned by your partner, it is important to obtain legal advice as early as possible.
Our family law solicitors can assist with:
- Establishing beneficial ownership of property
- Negotiating property settlements
- Protecting your interest in the property
- Court applications under TOLATA
Where necessary, we can assist in seeking court orders determining the ownership of the property or requiring that the property be sold.
Cohabitation Agreements
Couples who are living together may wish to protect their financial interests by entering into a Cohabitation Agreement.
A cohabitation agreement is a legal document that sets out how finances and property will be managed during the relationship and what should happen if the relationship ends.
A cohabitation agreement may include provisions relating to:
- Ownership of property
- Contributions to mortgage payments and bills
- Division of assets if the relationship ends
- Financial responsibilities during the relationship
Having a properly drafted cohabitation agreement can help avoid disputes in the future and provide clarity for both partners.
Financial Provision for Children
Where separating couples have children together, financial arrangements for the children will need to be considered.
This may include:
- Child maintenance payments
- Financial contributions towards housing for the children
- School fees or other educational expenses
In some circumstances, it may be possible to apply to the court for financial provision for children under Schedule 1 of the Children Act 1989.
Our family law solicitors can advise parents regarding the financial options available and assist with court applications where appropriate.
Child Arrangements After Separation
If cohabiting couples separate and have children, arrangements must be made regarding:
- Where the children will live
- How much time they will spend with each parent
- Communication arrangements
Where parents are unable to reach agreement, the court may be asked to determine these issues through a Child Arrangements Order.
The court’s primary consideration in these cases is always the welfare of the child.
Resolving Cohabitation Disputes
Disputes between unmarried couples can often be resolved through negotiation or mediation without the need for court proceedings.
Our solicitors aim to help clients resolve disputes in a constructive manner wherever possible.
However, where agreement cannot be reached, we can provide representation in court proceedings to protect your legal rights and financial interests.
The Importance of Early Legal Advice
Many individuals assume that living together provides the same legal protection as marriage. Unfortunately, this is not the case.
Obtaining legal advice at an early stage can help you understand your legal rights and avoid costly disputes.
Our family law solicitors can advise you regarding:
- Property disputes between unmarried couples
- Cohabitation agreements
- Financial claims relating to children
- Court applications under TOLATA
How TM Fortis Solicitors Can Help
Our experienced family law solicitors assist clients with a wide range of issues affecting cohabiting couples, including:
- Property disputes following separation
- Cohabitation agreements
- Financial provision for children
- Court applications relating to property ownership
- Negotiation of financial settlements
We provide clear and practical legal advice to help clients resolve disputes and protect their financial interests.
Contact Our Family Law Solicitors
If you require advice regarding cohabitation disputes or the rights of unmarried couples, our family law solicitors at TM Fortis Solicitors in Manchester can assist you.
Contact TM Fortis Solicitors today on 0161 220 6040 to arrange an initial consultation and discuss your circumstances.
