Cohabiting is one of the most common types of relationships we see in the UK. However, couples who are cohabiting do not have the same rights and protections as those who are married or in a civil partnership, which can cause some issues when it comes to resolving disputes.
What are your rights if you are cohabiting?
Cohabiting couples unfortunately do not have the same rights as a couple who are married or in a civil partnership.
There is no automatic claim to the other party's finances, property, assets or pensions if your relationship breaks down while in a cohabiting relationship, since you do not have a legal duty to support one another.
If one party dies, there is also no expectation that the living party will automatically inherit any assets. For one party to inherit their partner’s assets, it must be stated in the will of the partner who died.
Common cohabitation disputes
There are a variety of different cohabitation disputes that can arise when a couple separate, including:
Property Division - When cohabiting couples separate, there may be disagreements about who owns the property, whether it should be solved and if so, how the sale proceeds should be divided.
Child Arrangements - There may often be disputes about who the children will live with, how much time the children will spend with each parent and how contact will work.
Financial Contributions - Disagreements can arise when it comes to who will pay for what, especially if one partner moves out and stops paying the mortgage and/bills.
Child Maintenance - How much a parent should pay towards the children.
It is important to seek legal advice as soon as possible if you are experiencing any of the circumstances listed above, or any other dispute related to cohabitation. This can help to avoid further conflict and ensure both parties obtain the best outcome for their circumstances.
How cohabitation disputes can be resolved
Cohabitation disputes can usually be resolved through negotiations, mediation, or in some circumstances using the courts depending on the complexity of the dispute.
Negotiations
The first step to try and resolve a cohabitation dispute is by attempting to reach an amicable agreement by trying to discuss matters directly with each other.
You can negotiate face to face with just you and your ex-partner, or you could use a member of your family if you don’t wish to see your ex. Alternatively, you can enlist the help of a specialist family law solicitor who can help to resolve the issue through sending letters instead of meeting in person.
Mediation
If you think you and your ex-partner would benefit from the help of a neutral third party, then mediation may be the best option for you.
During mediation, you can discuss a range of different issues such as where your children will live and how you will split profits once your house is sold if you are choosing to sell it. This is very similar to negotiating, however, you will have the help and support of a professional mediator who will have experience in helping to facilitate conversations around the wants and needs of each party.
Judicial decisions
If all else fails, then you may need to make an application to the court for a judicial decision regarding the disagreements.
When it comes to selling your property, if you and your partner cannot come to an agreement, you can apply to the courts under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) for the following:
- For the property to be sold
- For the sale to be postponed
- How the equity of the property should be divided between the two owners
How do courts deal with cohabitation disputes?
When it comes to dealing with cohabitation disputes, the court will deal with the issue through trust law or TLATA.
There have been strong calls for the government to change the laws surrounding cohabitation; however, until then, the general principles the court uses when dealing with cohabitation disputes are:
- In whose name is the property or assets registered under and is there a trust deed? This is generally the starting point for many cohabitation disputes in court as it shows how parties intended to hold the property at the date of purchase.
- The court may consider financial contributions made. For example, if the property is only in one party's name, this does not prevent the other party from making a claim if they contributed financially towards it and there was a common intention for the property to be shared.
- Did one party act to their detriment based on a promise given by the other party? This can include renovating the property to increase its resale value on the expectation that the property was a joint property.
- If there are any children involved under the age of 18, the court can consider postponing an order to sell the property until all children reach a specified age.
To avoid disputes like this happening or needing to go to court if you and your partner do split up, you can produce a declaration of trust which outlines how you will share your property and can also enter into a Separation Agreement.
If you are currently cohabiting with your partner and want to make sure your best interests are protected, contact our team to find out more on cohabitation contracts.
We’ll take the time to understand your current situation and help you with every step of the process, ensuring everyone receives the best possible outcome.