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Cohabitation Dispute Solicitors

There is no such thing as a common law spouse. Unmarried couples who separate have far fewer rights than people expect.

Cohabiting partners do not automatically share rights to each other's property, savings, or assets when a relationship ends — regardless of how long they have lived together. If your name is not on the mortgage, if you paid into a home you do not own, or if you funded improvements to a property — your claim exists in trust law, not family law, and needs specialist legal advice to establish it.

Trust and beneficial interest claims Property disputes & TOLATA applications Cohabitation agreements for future protection Free initial consultation

Your Legal Position

Property, assets, and children after an unmarried separation.

The law treats unmarried couples very differently from married couples. Understanding what claims exist — and which court deals with them — is the starting point for protecting your interests.

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Property in one partner's name

If you have contributed to a property that is in your partner's sole name — through mortgage payments, a deposit, building works, or other contributions — you may have a beneficial interest in the property under a resulting or constructive trust. A TOLATA (Trusts of Land and Appointment of Trustees Act) application in the civil court can establish your share. The size of any share depends on the evidence of contribution and any agreement about ownership.

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Jointly owned property disputes

Where property is jointly owned, a TOLATA application can resolve disputes about whether the property should be sold and in what proportions. The court has wide powers — it can order a sale, adjust the proportions of the beneficial interests, or order one party to buy the other out. If one partner refuses to sell or disputes the shares, court intervention is often the only practical resolution.

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Financial support — what is and is not available

Unlike divorcing spouses, unmarried partners have no right to spousal maintenance or a share of the other partner's income. Financial claims between cohabiting partners are limited to property-based claims. The exception is where there are children — in that case, Child Maintenance Service (CMS) payments and Schedule 1 Children Act applications for a property or lump sum for the child can provide additional support.

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Schedule 1 Children Act claims

An unmarried parent can apply under Schedule 1 of the Children Act 1989 for financial provision for a child — including a housing settlement (property transferred or held on trust for the child), a lump sum, and periodical payments. The claim is for the benefit of the child, not the parent, but in practice it provides housing security for the resident parent until the child reaches adulthood. Schedule 1 claims are not available to parents without children.

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Death of a partner without a will

An unmarried partner has no automatic right to inherit under the intestacy rules, regardless of the length of the relationship. If your partner has died without a will, you will need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 as a cohabitant — which requires you to have been living with the deceased for at least two years immediately before their death. The claim is against the estate and is subject to what the court considers reasonable provision.

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Cohabitation agreements

If you are currently cohabiting or about to move in together, a cohabitation agreement can set out what each party owns, how joint outgoings are shared, and what happens to the property if the relationship ends. While not automatically binding as a contract, a properly drafted agreement significantly clarifies the parties' intentions — which is the key factual question in any trust-based dispute. A solicitor can draft an agreement that reflects your actual arrangements.

How It Works

The longer you wait, the harder it becomes to evidence a beneficial interest.

Trust and property claims depend on evidence of what was said, agreed, and contributed. A solicitor will assess the strength of your claim early — before evidence is lost or the other party disposes of the property.

Submit Your Request
1

Describe the property and contributions

Tell us about the property, how ownership is registered, what you contributed financially, and whether there are children.

2

Solicitor assesses your claim

A specialist in cohabitation disputes advises on whether a beneficial interest exists, its approximate size, and how to pursue it.

3

Free initial consultation

You receive an honest assessment of what your claim is worth and the options for recovering it — at no cost and no obligation.

Free Initial Consultation

You may have contributed more to this relationship than the law automatically gives you back.

Find out what claims are available to you — and whether your contributions to the property can be recovered.

Assess My Cohabitation Claim

Common Questions

Cohabitation disputes — what people ask us.

We have lived together for 10 years. Don't I have common law marriage rights?

No. "Common law marriage" has no legal status in England and Wales. The length of the relationship does not create financial rights on separation. An unmarried partner — however long the relationship — has no automatic right to the other's property, savings, pension, or income when they separate. Rights must be established through trust law, property law, or Schedule 1 Children Act proceedings. Many people discover this too late. Legal advice before or during separation protects your position.

My partner owns the house but I paid the mortgage for years. Am I entitled to a share?

Possibly — but it depends on the full picture. Mortgage payments alone may not establish a beneficial interest; the court will look at the common intention of the parties at the time of purchase and any subsequent conduct. Evidence of an agreement about sharing, or detrimental reliance on that agreement, is key. A resulting trust may arise where you contributed to the purchase price. A constructive trust may arise from a wider course of conduct and common intention. A solicitor will assess the strength of the claim based on your specific evidence.

Can I stay in the house after we separate if my name is not on the mortgage?

Not automatically. If you are not an owner and have no beneficial interest established, the legal owner has the right to ask you to leave. However, if you have children, a Schedule 1 Children Act application may secure your right to remain in or be provided with accommodation. If you have made contributions that give rise to a beneficial interest, an injunction can prevent your partner from excluding you pending a TOLATA application. A solicitor can advise on whether any of these apply to your situation.

My partner and I both own the house equally but they refuse to sell. What can I do?

A TOLATA (Trusts of Land and Appointment of Trustees Act) application to the county court can compel a sale. The court will consider a range of factors — including the purpose for which the property was purchased, the welfare of any children, and the interests of all parties — before ordering a sale. In most cases involving adults with no minor children and no agreed purpose served by retaining the property, the court will order a sale.

My partner has more assets. Can I claim a share of their savings or pension?

Unlike a divorcing spouse, an unmarried partner has no claim to savings, investments, or pensions held in the other partner's sole name — unless a specific agreement, trust, or contribution can be established. Pension sharing orders are not available outside marriage or civil partnership. This is one of the most significant financial disadvantages of cohabitation compared to marriage. If you are currently in a cohabiting relationship, a solicitor can advise on a cohabitation agreement that addresses future asset-sharing.

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