When unmarried couples choose to live together either by renting, buying a property, or moving into a property already owned by one party, legal protections around property and finances can be limited. Disagreements over ownership, contributions, or financial arrangements can quickly escalate, especially if the relationship breaks down. The absence of legal clarity can leave individuals in a vulnerable position, particularly when property or significant assets are involved. Therefore, you may wish to consider entering into an agreement that sets out your respective financial contributions.
A cohabitation or ‘living together’ agreement can be tailored to suit your specific needs as a couple, offering clarity and peace of mind over your financial arrangements. To be legally binding, the agreement must show an intention to create legal relations and must be properly drafted, signed, and executed as a Deed.
We offer practical, tailored advice on cohabitation and property rights. We can help you understand your legal position and protect your interests through clear agreements and robust planning.
If you are planning to move in with a partner or are facing a dispute following separation, please call us on 0203 924 8462 or fill in our contact form. Our experienced solicitors will provide clear, realistic advice based on your specific situation.
We can assist wherever you are based.
More couples are choosing to live together without marrying, and with that, cohabitation agreements are becoming increasingly common. These agreements help avoid confusion, especially as the idea of a ‘common law spouse’ having legal rights is a myth.
While it may be uncomfortable to plan for a relationship breakdown, having an agreement in place can make things easier if circumstances change. We can advise on whether an agreement is suitable for you, draft the necessary documents, and negotiate terms on your behalf.
Disagreements often arise when there is no clear understanding of each person’s contribution to a property. Unlike married couples, cohabiting partners do not have automatic rights, so disputes may need to be resolved through a TOLATA claim which gives the court certain powers to resolve disputes about co-ownership of properties. These cases can be complex and are often based on detailed evidence about ownership and intention.
We advise and represent clients in all aspects of cohabitation and property disputes, including:
Cohabitation Agreements or Living Together Agreements: We draft and advise on legally binding ‘living together’ agreements that set out financial contributions, ownership rights, and how outgoings will be shared.
Property Ownership Disputes: We represent clients in cases where there is a disagreement over who owns what share in a property, particularly where legal documents do not reflect the true intentions of the parties.
TOLATA Claims: We act in claims brought under the Trusts of Land and Appointment of Trustees Act 1996, where cohabiting couples seek to establish beneficial ownership or resolve disputes about property rights.
Negotiation and Mediation: We support clients in resolving cohabitation disputes through negotiation or mediation, helping avoid the stress and cost of litigation.
Court Proceedings: Where agreement cannot be reached, we are fully prepared to represent your interests in court proceedings, ensuring your position is clearly presented and supported by the necessary evidence.
Whether you are entering into a new relationship or dealing with the breakdown of one, we will work with you to secure a fair and legally sound outcome. We provide expert guidance on how to protect your rights at every stage.
Cohabitation agreements are a practical way to set out what each partner will contribute and how finances will be managed. These agreements provide much-needed clarity and can help avoid future disputes.
We help clients draft and formalise cohabitation agreements that can include:
Property Ownership: Clarifying who owns the property, what shares each partner holds, and what should happen if the relationship ends.
Financial Contributions: Outlining how mortgage payments, rent, bills, and other household expenses will be shared.
Day-to-Day Living Arrangements: Agreeing how costs will be split and how the home will be managed on a daily basis.
Dispute Resolution: Setting out how disagreements will be handled and what process will be followed if the relationship breaks down.
Exit Arrangements: Providing for a clear and fair division of property and assets if the couple separate.
To be legally binding, cohabitation agreements must be carefully drafted, signed as a deed, and reflect the couple’s true intentions. We can prepare these agreements on your behalf, or review documents prepared by another party.
Disputes can arise when there is uncertainty or disagreement over who owns a property or what share each person is entitled to. These situations frequently occur when couples, friends, or relatives purchase property without formally documenting their intentions, or where one party has contributed significantly more financially than the other. In the absence of a written agreement, establishing who is legally entitled to what share can become a complex and emotionally charged issue.
We support clients in navigating these disputes by carefully assessing the circumstances and examining the available evidence, such as financial contributions, correspondence, and witness accounts. Our goal is to provide clear, strategic advice that protects your interests and helps you understand your legal position. We work to resolve matters as constructively and efficiently as possible, often through negotiation or mediation. However, when court proceedings are necessary, we provide firm and effective representation to help you secure a fair outcome and clarity over your rights in the property.
When unmarried couples, friends, or family members purchase a property together without a formal agreement in place, disputes can arise over ownership or the share each party holds. In these situations, an application may need to be made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) to determine the parties’ respective interests in the property. These claims are often complex and highly fact-specific, relying on a detailed examination of the financial contributions made, the intentions of the parties, and the surrounding circumstances at the time of purchase and afterwards.
We represent clients in both bringing and defending TOLATA claims, offering clear guidance from the outset. Our team works closely with you to gather and present the necessary evidence such as financial records, correspondence, and witness statements to build a strong case. Wherever possible, we aim to resolve disputes through negotiation or mediation to avoid the cost and stress of litigation. However, when court proceedings are required, we provide focused and strategic representation to help protect your interests and achieve a fair outcome.
Whether you are planning to live with a partner or are facing a dispute over property, we are here to help.
Speak to one of our experienced solicitors today for clear, practical advice tailored to your situation.
