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Property ownership and cohabitation disputes

Many people believe that if they live together for long enough, they will automatically become “common law” spouses and therefore enjoy the same rights as married couples or civil partners.

However, this is a myth.

As far as the law is concerned, there has been no such thing as “common law” marriage in England and Wales since 1753.

This means that unmarried couples who live together do not enjoy the same legal recognition as married couples or civil partners – although they often do not realise this until a relationship breaks down.

Whilst there is no set procedure for unmarried couples, there may be outstanding issues concerning property or other assets which need to be dealt with as a result of separation.

Property rights for cohabitees

While married couples who divorce are legally entitled to make claims on each other’s property, the same rights do not apply to cohabitees.

The title deeds usually dictate who owns the property.

Therefore, if your name is not on the deeds, it is presumed that you will have no share or interest in the property and will not be entitled to any money when it is sold.

Additionally, if your name is not on the title deeds, then you will have no legal right to stay in the property if the relationship breaks down.

If you are not on the title deeds, then proving that you own a share of the property can be very difficult.

Such claims are often only resolved by court proceedings and at great expense to both parties. The outcome is often uncertain and so court proceedings are best avoided where possible.

Similar difficulties can arise over the ownership of furniture and household contents, bank accounts, and gifts.

Without any agreement in place, one partner can walk away from the relationship with all the savings and possessions they built up out of their own money.

Where items were bought jointly, it is often impossible to say who contributed what, and therefore to whom such items belong.

Court proceedings to resolve issues of ownership in relation to furniture and personal belongings are prohibitively expensive and usually not cost-effective.

Title deeds

Putting any property in your joint names, or if this cannot be done, having your solicitor prepare a “Declaration of Trust” recording how the property is owned beneficially, will help protect your legal right to and share of the property.

Ideally, you will put both names on the title deeds of any property and stipulate your shares in the property. If you do this, there can be no argument about your respective entitlements.

If, however, the property remains in one name only, you should consider obtaining a written declaration by the legal owner that they hold it “upon trust” for both of you together.

Cohabitation agreements

You can also make a cohabitation agreement.

A cohabitation agreement sets out in writing how things will be divided in the event of a split, on terms agreed by both parties.

Although most couples may not consider that such an Agreement is an important consideration when moving in together, it can be an extremely helpful tool to avoid future difficulties or litigation when dividing assets, if the worst should happen and the relationship ends.

While cohabitation agreements are not legally enforceable under British law, they can serve as evidence that a written agreement was made between the two parties, with the judge then having discretion over whether to support its terms or make their own decision.

Cohabitation advice with Mander Hadley

If the relationship does break down, it is important to seek independent legal advice to ensure that disputes are resolved as smoothly and as quickly as possible.

Your solicitor’s job is to look after your best interests, providing realistic, professional advice that is right for you and your circumstances, using their knowledge of the law and their professional experience.

While it is possible to create a cohabitation agreement on your own, consulting with a legal professional can ensure your agreement is comprehensive and legally enforceable.

A solicitor experienced in family or property law will be familiar with common disputes and issues that arise and can guide you in addressing them proactively.

At Mander Hadley, we can draft cohabitation agreements that protect both parties’ interests, provide mediation services in the event of a split, and represent your interests in court should legal proceedings become necessary.

For further advice on property ownership and cohabitation, get in touch with our expert solicitors today.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.