Family Law
When an unmarried couple separates, questions about the home can be especially difficult. Living together does not create a common law marriage in England and Wales. We help you understand your ownership position, preserve useful evidence and consider practical ways to resolve a dispute.
Understanding your next steps
A property dispute may involve the registered title, a declaration of trust, financial contributions and evidence of what was agreed. We look at the documents and history together. Paying household bills or living in a property does not automatically establish a particular share.
We can advise on negotiations about sale, a buyout or the shares each person claims. Where necessary, the Trusts of Land and Appointment of Trustees Act 1996, often called TOLATA, provides a route for the court to decide property interests and related matters.
A cohabitation agreement and a declaration of trust can record different aspects of your arrangements. If you are buying together or changing contributions, discussing ownership, bills and what happens on separation can reduce uncertainty. Wills and children’s arrangements also deserve separate attention.
A clear way forward
Bring the title, purchase papers, trust deed, mortgage statements and records of deposits or improvements. Keep relevant messages and agreements in their original form.
We consider the evidence, the outcome you want and the likely costs and risks of negotiation or a court claim.
We discuss proposals, mediation or formal proceedings, including practical issues such as valuation, refinancing and the timing of a sale.
Planning ahead
Costs depend on the evidence, the amount disputed and whether agreement is possible. Valuation, court and barrister’s fees may be additional. Litigation can carry a risk of paying another party’s costs, so proportionality matters from the outset.
A negotiated agreement may be quicker than litigation, but sale or refinancing depends on other people and the lender. Tell us promptly about threatened proceedings, a proposed sale or mortgage arrears.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
Not automatically. Unmarried partners do not have the same financial claims as divorcing spouses. Your property rights depend on the ownership documents and any legally relevant evidence of shared intentions and contributions.
It is the Trusts of Land and Appointment of Trustees Act 1996. It can be used to ask the court to determine interests in land or resolve issues concerning the exercise of trustees’ powers.
An agreement between partners does not itself release a borrower from the mortgage. The lender’s requirements and any refinancing or transfer work must also be addressed.
Children’s living arrangements and financial support need separate consideration. In some circumstances a financial application for a child may be relevant alongside the property dispute.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham
