Cohabitation dispute solicitors
When an unmarried couple separates, there’s no equivalent of a divorce financial settlement. Disputes are decided mainly under property and trust law, which looks at legal ownership, what was agreed, and what each person contributed, rather than at each partner’s needs. Rushton Family Law advises unmarried partners on resolving these disputes, whether you are bringing a claim or responding to one.
Cohabitation disputes at a glance
- Unmarried couples have no equivalent of a divorce financial settlement.
- Property disputes turn on legal ownership, what was agreed and what each person contributed.
- Jointly owned property is usually shared equally unless there is evidence of different shares.
- You may have a claim to a property in your partner’s sole name, depending on the evidence.
- In court claims, the losing party may have to pay the other’s legal costs.
Specialist Divorce and Family Lawyers
Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.
When it really matters
Getting advice on a cohabitation dispute
We start by building a clear picture of the facts. That means how the property was bought and whose name it is in, who paid the deposit, the mortgage and the costs of any improvements, and what was said or agreed about ownership at the time and since. We will also look at any documents, such as a cohabitation agreement or declaration of trust.
From there, we will give you a realistic view of your position and the most sensible way to resolve it.
Property in joint names
Where a property is held in both names, the starting point is usually that you share it equally. That can change where there is a declaration of trust setting out different shares, or clear evidence that you intended to own it in different proportions. We advise on what each of you is likely to be entitled to and how the property should be dealt with, whether through a sale or one of you buying the other out.
Property in one partner’s name
If the home is in your partner’s name alone, you may still have a claim to a share. This usually requires showing that you both intended you to have an interest in the property and that you relied on that to your detriment, for example by contributing to the purchase price or mortgage. These claims depend heavily on the evidence, and we will tell you plainly how strong your position is.
TOLATA claims
Where agreement isn’t possible, either of you can apply to court under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) for a decision on each person’s share of the property and whether it should be sold. TOLATA claims are civil proceedings rather than family proceedings, so the rules on legal costs are different, and the unsuccessful party may be ordered to pay the other’s costs. We advise you carefully on that risk before any application is made.
Claims for children
If you have children together, you may be able to make financial claims for them in addition to child maintenance, including for housing during their childhood and lump sums for specific needs.
Resolving cohabitation disputes without court
Given the costs risk, most cohabitation disputes are best resolved through negotiation or mediation, and we will recommend that route wherever it is realistic.
RELATED SERVICES
Our Team
Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.
Amie Pine
Partner - Divorce & Family
Emma Shortland
Associate
Ella Perry
Assistant Solicitor
Samantha Patel
Legal Support Assistant
Reviews and testimonials
Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead
The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.
Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!
I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.
From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.
Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.
Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.
Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.
Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.
She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.
Nicola and the team are the best support you could ask for at the most difficult of times.
As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.
I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.
outstanding legal representation when it really matters
FAQs
They’re limited: you can’t claim maintenance for yourself, and your share of any property depends mainly on whose name it is in and what you each contributed. You can still make financial claims for any children, including child maintenance and claims under Schedule 1.
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
Request a confidential call
Please share a few details about your circumstances and one of our specialist family lawyers will contact you at a convenient time. If a telephone call is not suitable, please let us know your preferred method of contact.
