Cohabitation Solicitors

More couples than ever live together without marrying, and many believe that after a few years they have the same rights as a married couple. They do not. There is no such thing as common law marriage in England and Wales (read our article on whether common law marriage exists). When a cohabiting relationship ends, the court has no power to share out property or pensions on the basis of what is fair, and neither partner can claim maintenance for themselves.

What each of you is entitled to depends mainly on who owns what, what you agreed, and what you each put in. That makes good advice early on especially valuable, whether you are separating now or want to protect yourself before problems arise.

The family home is usually the biggest issue. If it is in joint names, the starting point is what the title deeds and any declaration of trust say about your shares. If there is no declaration, the law looks at what you both intended. If the home is in one partner’s sole name, the other may still have a share, but only if they can show it was intended that they would, for example from conversations about ownership and contributions to the purchase price or mortgage.

Where you cannot agree, a court can decide who owns the home and in what shares, and whether it should be sold, under the Trusts of Land and Appointment of Trustees Act 1996. These claims depend heavily on evidence and history, so we start by gathering the facts: the purchase documents, who paid what, and what was said at the time.

Whatever happens between the two of you, both parents must support their children. Day to day child maintenance can be agreed between you or arranged through the Child Maintenance Service. On top of that, a parent can apply under Schedule 1 of the Children Act 1989 for orders that benefit the child, such as a home to live in until they grow up, a lump sum for particular needs, or school fees. These claims belong to the child, not the parent, and any property provided usually returns to the paying parent when the child is an adult.

Arrangements for where the children live and the time they spend with each parent work in the same way as for married parents. Read more about child arrangements.

The best time to deal with these questions is before there is a problem. A declaration of trust, made when you buy a home together, records who owns what share and avoids arguments later. A cohabitation agreement can set out what happens to the home, savings and belongings if you separate, and how you share the bills while you are together. Wills matter too, because an unmarried partner does not inherit automatically. We explain the options on our prenuptial and cohabitation agreements page and on will writing.

If your partner dies without a will, you will not inherit under the intestacy rules, however long you were together. If you lived together as a couple for at least two years immediately before the death, or your partner was supporting you financially, you may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. There are strict time limits, so take advice quickly. Read more about Inheritance Act claims.

1. 1
   A free initial chat

   Call us or send your details. We find out what has happened and tell you the options, with no obligation.

2. 2
   Gather the evidence

   For property disputes, we look at the deeds, any declaration of trust, the mortgage and who paid what.

3. 3
   Look for agreement

   We negotiate with your former partner or their solicitor, and suggest mediation where it could help.

4. 4
   Court if needed

   If you cannot agree, we can apply to court about the home or for the children, and represent you throughout.

Every separation is different, so property disputes between unmarried partners are charged at hourly rates. We give you an estimate before any work starts and keep you updated as things progress.

Court fees and other third-party costs, such as a valuation of the home, are extra. Full details are on our family law pricing page.

Cohabitation matters are handled by our family law team. Our family solicitors are members of Resolution, and the firm holds the Law Society’s Family Law and Family Law Advanced accreditations, which cover financial settlements and cohabitation.

Tracy TalbotAssociate SolicitorQualified in 2003 and has spent most of her career in family law. A trained collaborative family lawyer, used to settling disputes without a court battle.Adrian CoggonConsultantAdvises across family law and is a Family Mediation Council accredited mediator, which helps when separating partners want to agree what happens to the home.Kiran SarkariaAssociate SolicitorMore than 10 years in private family law, including financial matters and arrangements for children.

No. There is no common law marriage in England and Wales. When unmarried partners separate, the court cannot share out property or pensions on the basis of fairness, and neither partner can claim maintenance for themselves. Rights depend mainly on who owns what.

Possibly. If you can show it was intended that you would have a share, for example from what was said and from contributions to the purchase price or mortgage, a court may decide you have a beneficial interest. These claims depend on the evidence, so get advice early.

Often, but not always. If you signed a declaration of trust setting out your shares, that will usually decide it. If not, joint ownership is normally treated as equal shares unless there is clear evidence you intended something different.

Not for yourself. You can claim child maintenance for your children, and in some cases further provision for them under Schedule 1 of the Children Act 1989, such as housing until they are adults.

Yes, if he is named on the birth certificate for a birth registered from 1 December 2003. Otherwise he can get it through a parental responsibility agreement with the mother or a court order.

Legal Aid is rarely available for property disputes between former partners. It may be available where there is domestic abuse. We will talk you through the costs at the start.

Make a declaration of trust when you buy a home together, consider a cohabitation agreement, and each make a will. Together these avoid most of the disputes we see when relationships end.