Schedule I Claims

Property/Cohabitation Disputes

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

Property

If property is jointly owned then the original Declarations made at the time of purchase could be determinative of the interests that each of them has in the property, regardless of the contributions that they made.  It may also be determinative of when the property has to be sold.

However, it is also possible for a person whose name is not formally on the title to a property to have an interest in it.  This could arise, for instance, as a result of a contribution that was made to the purchase at the outset, or as a consequence of an agreement/ 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 the Court under Schedule I 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, at the outset of the relationship and updated as required, can go a long way to removing any misunderstandings, and the stress that can arise on the breakdown of a relationship. 

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.