When cohabitees separate they potentially face the same painful experiences that a married couple face. The same difficult issues can also be faced by those not in a relationship but with a shared or joint interest in a property. Our cohabitation lawyers can advise you in resolving these issues.
Lisa Pepper Partner
Our cohabitation lawyers are Resolution accredited
Cohabiting couples have very often built up a life together over a long period of time. Therefore in the event of a separation, there will be various issues to address. Broadly speaking these issues may concern any children, financial provisions for the children and the redistribution of finances and any assets between the individuals themselves.
In relation to financial disputes, if there are children involved then the Courts will look first to the best interests of a child and will look at the needs of the child and of the carers for the child. Often this can result in a transfer of a property to a carer until a child reaches the age of 18 or ceases full-time education with the property then being sold and the proceeds divided between the two former cohabitees. The financial positions of the parents and their child’s financial needs will be important considerations.
In terms of the ownership of and interest in property where cohabitees or former cohabitees are not married, the Court looks at the laws of Land and Trust. The same is true of joint owners of property who were not in a relationship. The Court would look to the joint common intention of ownership of the property was, often determined by whose name the property is in but factors such as agreements, financial contributions towards the property or the general circumstances can also show what the common intention was to be.
To enable our cohabitation lawyers to advise you on your position it would be helpful if you would provide us with the following information and documents:-
- Details of the ownership of any land or assets owned.
- Discussions that took place prior to and after the purchase
- Any written or verbal agreements
- Details as to who paid the deposit.
- Full details of who paid the mortgage payments.
- Details of any additional contribution made by you, for example, towards the property, e.g. funding or carrying out of the renovation of the property.
- Details of the solicitors who acted in the purchase of any such property.
- If you are renting a property, whether it is rented from the council or a private landlord and the amount of rent that is paid each week and whether the rental agreement is in your sole name, joint names or in the name of your cohabitee.
There are no laws for cohabitees to receive shares of pensions, lump sum payments or maintenance from their former partners except where the lump sums or maintenance are for the benefit of a child.
If you are involved in a dispute with a former partner to whom you were not married then one of our family team can help you in resolving these issues. Both Andrew Watson and Lisa Pepper are Resolution accredited specialists in Cohabitation Law.
Speak to a Cohabitation Solicitor Today
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Our Family Lawyers View the whole team
Claire Andrews Partner
Mark Freedman Partner
Lisa Pepper Partner
Martin Ross Partner
Bridget Thompson Partner
Andrew Watson Partner
Joanne Wescott Partner
Naomi Angell Consultant
Diana Bastow Associate
Sacha Ben-Shabat Paralegal
Sophie Brand Solicitor
Amy-Jo Fletcher Solicitor
Lauren Gaines Solicitor
Alicja Glabicka Paralegal
Isabelle James Solicitor
Jonathan Jonas Associate Solicitor
Maria Kitsiou Senior Associate
David Leadercramer Consultant
Emma Lees Trainee Solicitor
Nikki Lyttleton Legal Assistant
Simone McGrath Consultant
Harriet McMorrin Solicitor
Jessica Moore Solicitor
Kesha Pabari Solicitor