Cohabitants and Unmarried Families

The impact of separation on the ownership of property and other assets is a complex area of law. Our family lawyers, working with colleagues in our property litigation team, are highly experienced in providing clear and straightforward advice in relation to property disputes between unmarried couples, including potential claims you or your partner may have.

Many unmarried couples own the property in which they live jointly and some decide to renovate second properties as a joint venture. Separating can make many couples uncertain of their rights and potential interests in property.  Both financial and non-financial contributions to a relationship and a property can be relevant.  Amidst the emotions of a relationship breakdown, it is vital that you have a clear understanding of the law and the options available to you.

There are many myths regarding an unmarried partner’s rights on separation. Contrary to popular belief, there is no such thing as a ‘common law’ marriage. The law does not currently allow unmarried partners on separation to make financial claims in the same way as a married partner can.  The only rights which cohabitants have relate to ownership of property (decided with reference to property and trust law) and financial claims on behalf of any children of the family (including maintenance claims).

We will meet you and discuss your concerns and your goals, to advise you on all of the options available to you.  Our lawyers are experienced negotiators, but they will equally support you through contested court proceedings when litigation is necessary.

This area of law often requires consideration of trusts and property law and can involve detailed evidence relating to financing, common intentions and the relationship history. It is important to set out a clear strategy from the outset, to insure your best interests are represented.  We work collaboratively with our colleagues in both the real estate and private client teams to decide the best strategy to pursue for your case having carefully considered the facts.