Cohabitation Disputes Solicitors

Unmarried couples often choose to buy property together, share mortgage payments and live much like married couples - but without the same legal rights. When a cohabiting relationship breaks down, disputes can arise around who owns what, who stays in the property and how any sale proceeds should be divided. These cohabitation disputes are often emotionally and financially challenging, particularly where the property is held in joint names or one party has contributed financially but is not the legal owner.

At Clough & Willis, our civil litigation team/ family teams offer clear, practical advice on resolving cohabitee property disputes. Whether you are disputing your share of a jointly owned home, facing conflict over the property of a deceased partner or looking to prevent future problems with a cohabitation agreement, we can help you understand your rights and options.

Contact Clough & Willis’ expert cohabitation dispute solicitors today for legal advice and representation. Call us on 0800 083 0815 or use our online enquiry form to request a call back at your convenience.

How Can Clough & Willis Help?

The cohabitation law specialists at Clough & Willis advise on a wide range of disputes involving cohabiting partners, including complex property ownership disputes, disagreements over beneficial interest and conflicts when one party wants to sell or stay in the home.

We aim to resolve disputes through alternative dispute resolution methods, helping clients reach a mutual agreement with their former partner where possible. Our experience in negotiation, collaborative law and mediation helps many of our clients to avoid the stress and expense of court proceedings - but if legal action is required, we will guide you through the civil court process and represent your interests at every stage.

We also offer guidance on the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which governs legal ownership and can be used to assert your beneficial interest or request a sale of property. Whether the property is in joint names or one party’s sole name, we can help you determine your rights and protect your interest.

What Commonly Causes Property Ownership Disputes?

When cohabiting couples separate, disputes often arise over who owns what – particularly where there is no formal agreement or trust deed. Unlike married couples or civil partners, unmarried partners do not benefit from automatic legal protections. Property disputes can be especially difficult when financial contributions have been made informally, when the home is held in one partner’s name only or when expectations around ownership differ. These disagreements can be emotionally charged and legally complex, especially if one party feels they are being unfairly excluded from a home they helped to build or maintain.

Property ownership disputes commonly arise in the following situations:

• One partner is the sole legal owner, but the other has contributed to mortgage payments, household bills or renovations.
• The couple jointly own the home, but there is no trust deed or written agreement about shares.
• One party claims a beneficial interest in the other’s property after a relationship breaks down.
• There is no valid will, and intestacy rules leave the surviving partner without guaranteed rights.
• A surviving partner disputes a family member’s claim to the property under intestacy.

These disputes are rarely straightforward. The legal framework that governs them often draws on principles from family law, property law and equity, and different rules apply depending on how the property is owned. In cases involving joint tenants, sole ownership with financial input from a partner or disputes with the family of a deceased owner, the court will often be required to assess the true intentions behind ownership and contributions.

Taking early legal advice can clarify your rights, define your interest in the property and reduce the likelihood of long-running disputes.

Cohabiting Couples and Legal Rights

Cohabiting couples do not have the same legal rights as married couples or civil partners, even after many years of living together. There is no such thing as a “common law spouse” under English law. Without a cohabitation agreement or written record of financial arrangements, one party may have difficulty proving they have any right to the (the jointly owned) home or the other’s property.

We help unmarried cohabiting couples to:

• Establish beneficial interest through legal action where needed.
• Draft cohabitation agreements that provide clarity and avoid later disputes.
• Apply to court under TOLATA for sale of property or recognition of their interest.
• Understand how joint tenancy and tenants in common arrangements affect their rights.
• Challenge undue influence or unfair distribution of property after a breakup or death.

These issues often arise at difficult points in life - relationship breakdown, bereavement or financial hardship - and the legal position is not always obvious. If you are living in a property you do not legally own, contributing to a partner’s home or facing a disagreement over what happens next, we can help you assess your rights and take the steps needed to protect them.

Our Services

Cohabitation disputes can quickly become legally complex, especially where there is no formal agreement or where one partner disputes the other’s interest in the property. At Clough & Willis, we provide legal advice and representation across every aspect of cohabitation law, from preventative measures such as cohabitation agreements to post-separation disputes and inheritance claims involving surviving partners.

Clough & Willis offers support across all areas of cohabitation law and property disputes, including:

• Drafting and advising on cohabitation agreements.
• Resolving disputes between co-owners and former partners.
• Applications to court under the Trusts of Land and Appointment of Trustees Act 1996.
• Advice on jointly owned property and legal ownership.
• Negotiation and mediation through alternative dispute resolution.
• Advising on claims by surviving partners under intestacy or property law.
• Property claims involving contributions to another’s property.

Whatever your circumstances, we take the time to understand your position and work towards a practical outcome.

FAQs About Cohabitation Disputes

What is a cohabitation agreement?

A cohabitation agreement is a legally binding document that sets out each party’s financial rights and responsibilities during the relationship and what happens if it ends. These agreements are especially relevant where there is a risk of dispute over property ownership, financial contributions or what happens when a relationship breaks down.

A cohabitation agreement can include terms covering:

• Contributions to mortgage payments and household bills.
• Ownership of the property, including beneficial interest and shares.
• What happens if the relationship breaks down and one party wants to sell or stay.
• Terms for the sale or transfer of jointly owned property.
• Financial matters, including additional financial provision for children.

Although these agreements do not carry the same legal recognition as marriage or civil partnership, they are an effective way to minimise the likelihood of future cohabitation disputes. They are particularly useful where the property is in one partner’s sole name but the other contributes financially, or where there is no trust deed confirming ownership shares. A clear written agreement can help to prevent uncertainty and limit the potential for later conflict.

When should you make a cohabitation agreement?

It is best to create a cohabitation agreement when you move in together or buy property jointly. However, you can make one at any point during the relationship. It is particularly helpful when financial contributions are unequal or when the property is in one partner’s name only.

What should and should not be included in a cohabitation agreement?

A cohabitation agreement should clearly set out how financial matters will be handled both during the relationship and if it comes to an end. This includes who owns the property, how mortgage payments and household bills will be shared, how any future contributions (such as renovations or loan repayments) will be treated and what should happen if the relationship breaks down. It can also cover what each person would be entitled to if the property is sold, how proceeds should be divided and how any jointly purchased assets should be dealt with.

However, a cohabitation agreement should not include personal or emotional commitments, such as agreements to spend a certain amount of time together or to take on specific domestic roles, as these are not legally enforceable. It should also avoid clauses that attempt to impose penalties for ending the relationship, or provisions that conflict with existing legal rights (such as those relating to children or property law). For the agreement to be effective, it should focus on practical financial and legal arrangements and be supported by independent legal advice for both parties.

What does tenants in common mean?

Tenants in common is a form of joint property ownership where each person holds a defined share of the property. These shares can be equal or unequal, depending on the agreement between the parties. Unlike joint tenancy, a tenant in common can pass their share on through a will, rather than it automatically transferring to the other owner when they die.

This type of arrangement is especially relevant for cohabiting couples who want to protect their individual financial contributions or avoid the automatic transfer of ownership. Where a dispute arises - for example, about each party’s share or the sale of the property - the nature of the ownership can be a deciding factor in how the matter is resolved. Without a written record of what was agreed, disputes over each person’s share or entitlement to the proceeds of sale are more likely to arise.

Are cohabitation and marriage different?

Unmarried couples do not have the same legal rights as married couples or civil partners. There is no automatic right to share property or inherit from a partner’s estate without a valid will or legal agreement.