Property Disputes

Property/Cohabitation Disputes

The financial rules that apply to an unmarried couple who separate are very different from those for couples who are married or in a civil partnership.

Property

If property is jointly owned then the declarations made at the time of purchase can be determinative of your interest in the property, regardless of the contributions you have made.  They may also be determinative of when the property has to be sold.

However, it is also possible for a person whose name is not on the formal title of the property to have an interest in it.  For instance, this could arise as a result of a contribution that was made to the purchase at the outset, or as a consequence of an agreement or understanding between a couple that the property belongs to them both and that being relied upon by the non-owner in a particular way.

Schedule I claims

Sometimes, an application can be made to court under Schedule I of the Children Act 1989 for a lump sum to meet particular expenses that might be incurred in relation to a child and/or to seek a transfer or settlement of property to provide a home for a child.

Cohabitation Agreements

A cohabitation agreement, which can include a clear declaration as to the interest or otherwise that each party has in a property, can go a long way to removing any misunderstandings and the stress that can arise on the breakdown of a relationship. Such an agreement can be made and amended at any time. 

Family Law Video Explainers

We have put together a series of short videos covering some of the frequently asked questions that arise and also where the law stands on some of these issues. Click here to view.