Cohabitation Disputes

Cohabitation Solicitors — Protecting Rights the Law Doesn't Give Automatically

There is no such thing as common law marriage in England and Wales. Cohabiting couples — however long they have lived together — have none of the automatic financial rights that marriage provides on separation or death. A cohabitation agreement provides the most effective protection. A TOLATA claim recovers what you can prove. Submit your request and a specialist solicitor will advise on your position.

TOLATA 1996 specialists Cohabitation agreement drafting Free initial consultation Schedule 1 children claims
⚠ There is no common law marriage in England and Wales. No matter how long you have lived together, cohabiting partners have no automatic right to each other's property, income, or pension on separation — and no right to inherit on death without a will. Legal advice early protects far more than a claim after separation.

Common Situations

What brings people to us

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I contributed to the mortgage but the house is in my partner's name

Where a property is in sole ownership, the non-owning partner has no automatic right to a share — regardless of how long they lived there or how much they contributed. A TOLATA claim establishes a beneficial interest through evidence of common intention and financial contribution, but it is contested litigation. A declaration of trust at the time of purchase would have prevented this.

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We jointly own the property but can't agree what to do with it

Where a property is jointly owned, either party can apply to the court under TOLATA 1996 for an order for sale. The court has discretion over timing — particularly where dependent children are living in the property. A solicitor can often resolve the dispute by negotiation before a court application is needed.

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My partner has died and I have no right to the home we shared

An unmarried partner has no automatic right to inherit under the intestacy rules. If your partner died without a will, their estate passes to their blood relatives — not to you. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 may be possible if you were financially dependent on the deceased, but time limits apply and claims are not guaranteed.

What We Cover

Cohabitation matters handled at all stages

From drafting a cohabitation agreement before you move in together to recovering a beneficial interest after separation — submit your matter and a specialist solicitor will be in touch.

Cohabitation Agreements

Legally drafted agreements recording how property, assets, and finances would be divided on separation — the most cost-effective protection for cohabiting couples at any stage of the relationship.

TOLATA Claims

Claims under the Trusts of Land and Appointment of Trustees Act 1996 to establish or enforce a beneficial interest in property — whether in sole or joint names — based on common intention and financial contribution.

Declaration of Trust

A legal document recording each party's beneficial share in a jointly or solely owned property at the time of purchase — preventing future disputes about who owns what and in what proportions.

Schedule 1 Children Act Claims

Financial provision for children of unmarried couples — including lump sum orders, property settlement orders, and periodical payments — where the other parent has greater financial resources.

Proprietary Estoppel Claims

Claims based on a representation or assurance that you would receive an interest in property — for example, being promised a share of a home in exchange for giving up employment or making significant contributions.

Inheritance Act Claims

Claims under the Inheritance (Provision for Family and Dependants) Act 1975 where an unmarried partner has died without a will or without making adequate provision — subject to strict time limits.

Why It Matters

What cohabiting couples don't have — and how to protect against it

Cohabitation is the fastest-growing family type in England and Wales — but the law has not kept pace. The gap between married and unmarried couples' rights remains vast.

1

No right to each other's property on separation

A cohabiting partner has no claim on property in the other's sole name unless they can prove a beneficial interest through TOLATA — establishing common intention and financial contribution through evidence. This is contested litigation, uncertain in outcome, and expensive. A cohabitation agreement or declaration of trust costs a fraction of a TOLATA claim.

2

No right to spousal maintenance

On separation, a cohabiting partner cannot claim maintenance from the other — regardless of the length of the relationship, career sacrifices made, or income disparity. The only financial claims available are TOLATA property claims and, where children are involved, Schedule 1 claims for the children's benefit — not for the claimant's own support.

3

No automatic inheritance rights

The intestacy rules give nothing to an unmarried partner — the estate passes to children, parents, or siblings instead. Even a long-term partner of 20 years receives nothing without a will. A claim under the Inheritance Act may be possible but is not guaranteed. A will and a cohabitation agreement are both essential for cohabiting couples.

4

Joint ownership does not mean equal shares

Where a property is in joint names with no declaration of trust, the presumption in law is equal beneficial ownership — even if contributions were unequal. But following Stack v Dowden [2007] and Jones v Kernott [2011], either party can argue for a share reflecting the actual common intention. A declaration of trust recording agreed proportions from the outset prevents this dispute entirely.

The Process

How cohabitation disputes are resolved

Most cohabitation property disputes settle through negotiation between solicitors. Where agreement cannot be reached, a TOLATA claim is issued in the county court or High Court — the strength of the evidence of common intention and contribution determines the outcome.

1

Initial legal advice — understand your position

A solicitor assesses whether a beneficial interest can be established — reviewing the property ownership, mortgage history, financial contributions, and any communications or agreements between the parties. This determines whether a claim is viable and what evidence is needed.

2

Pre-action negotiation

In most cases a solicitor writes to the other party setting out the claim and proposed resolution. Many disputes settle at this stage — avoiding the cost and uncertainty of court proceedings. A clear letter of claim, backed by evidence of contribution and common intention, often produces a settlement offer.

3

TOLATA claim issued

If negotiation does not produce agreement, a claim under TOLATA 1996 is issued in the county court (or High Court for high-value matters). The claim sets out the beneficial interest asserted and the basis for it — common intention, financial contributions, detriment, and any express or implied agreement.

4

Evidence gathering and disclosure

Bank statements, mortgage records, correspondence, texts, emails, and witness evidence are gathered to establish common intention and the extent of financial contributions. The strength of the evidence is the primary determinant of outcome — a solicitor advises on what to preserve and how to present it.

5

Mediation or trial

Courts expect parties to attempt mediation or alternative dispute resolution before trial. Many cases settle during or shortly before trial. If the case proceeds, the judge determines the beneficial interests based on evidence of the parties' common intention — which may or may not reflect financial contributions alone.

Information That Helps

What to include in your request.

The more context you provide, the better a solicitor can assess the strength of any claim and advise on the most practical route to resolution.

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Whether the property is in joint names or sole ownership — and whose name it is registered in at the Land Registry.

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Your financial contributions — deposit paid, mortgage payments made, renovations funded — and whether these are documented.

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Whether there is any written agreement — a declaration of trust, cohabitation agreement, or emails/texts recording what was agreed.

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Length of cohabitation, and whether you are still living in the property or have already left.

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Whether children are living in the property — ages and current arrangements.

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If the matter relates to a death — whether there was a will, who the beneficiaries are, and your financial dependence on the deceased.

Flag these as urgent in the form

Being asked to leave the property Property being sold without consent Partner has died recently Inheritance Act time limit approaching Mortgage arrears building up Children's home at risk Assets being dissipated Court hearing already scheduled

Submitting the form does not create a solicitor-client relationship and does not replace legal advice.

Common Questions

Cohabitation disputes — frequently asked questions

Does common law marriage exist in England and Wales?

No — it is a legal myth. There is no concept of common law marriage in English law. Cohabiting couples — however long they have lived together — do not acquire the financial rights of married couples on separation or death. The only way to protect a cohabiting partner's position is through a cohabitation agreement, a declaration of trust, a will, or — after separation — a TOLATA claim if a beneficial interest can be established.

Do I have any rights to my partner's property if we split up?

Only if you can establish a beneficial interest in it. For jointly owned property, you have a legal share — but the proportions may be disputed. For solely owned property, you must prove a beneficial interest through TOLATA — establishing that there was a common intention that you would have a share, and that you acted to your detriment in reliance on that intention. Evidence of financial contributions (deposit, mortgage payments, renovations) is central. Without evidence, there is no claim.

What is a TOLATA claim?

A TOLATA claim (under the Trusts of Land and Appointment of Trustees Act 1996) is a court claim to establish or enforce a beneficial interest in property. It applies where cohabiting couples (or any co-owners) dispute ownership — either who owns what share, or whether an order for sale should be made. The court determines beneficial interests based on common intention — expressed or implied — and evidence of financial and non-financial contributions.

What is a cohabitation agreement and is it legally binding?

A cohabitation agreement is a contract between cohabiting partners recording how property, assets, finances, and debts would be dealt with on separation. It can also record each party's beneficial share in any property. As a contract, it is legally enforceable between the parties — though it cannot override the court's powers in relation to children. A well-drafted cohabitation agreement avoids the uncertainty and cost of TOLATA litigation.

My partner has died without a will — do I inherit anything?

No — not automatically. The intestacy rules give nothing to an unmarried partner. The estate passes to children, parents, or siblings. However, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 may be possible if you were financially dependent on the deceased or being maintained by them immediately before death. Claims must be issued within six months of the grant of probate — this time limit is strictly applied. Take legal advice immediately.

Can I claim financial support from my ex after we split up?

Not for yourself — there is no equivalent of spousal maintenance for cohabiting partners. However, if you have children together, the other parent can be required to pay child maintenance (through the Child Maintenance Service or, for higher earners, the Family Court under Schedule 1 of the Children Act 1989). A Schedule 1 claim can include a lump sum or property settlement order for the children's benefit — which in practice may allow the primary carer to remain in the family home until the children are grown.

How It Works

One clear request. The right solicitor contacts you.

Describe your situation — whether you need a cohabitation agreement, have a property dispute after separation, or have lost a partner without a will. A specialist cohabitation solicitor will be in touch.

Submit Your Request
1

Describe the situation

Use the form to explain the property ownership, your contributions, any children involved, and what outcome you need — agreement, claim, or urgent protection.

2

Request is reviewed

Your matter is reviewed with urgency and complexity in mind. Cases where a property is being sold, a partner has recently died, or an Inheritance Act deadline is approaching are prioritised.

3

Solicitor contacts you

A cohabitation law specialist contacts you for a free initial consultation — advising on your legal position, what can realistically be claimed or protected, and the most practical next step.

Cohabitation Law Solicitors

Know your rights — before it\'s too late to protect them.

Describe your situation once and a specialist cohabitation solicitor will be in touch for a free initial consultation.

Submit Your Request

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