Claims > Cohabitation Disputes

Cohabitation Disputes

There is no such thing as a “common law marriage”, and misunderstandings around property ownership can lead to significant disputes.

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Disagreements over property most commonly arise where relationships break down and there is uncertainty about ownership, occupation, or whether a property should be sold.

These matters can quickly become complex and entrenched. Early, clear advice is essential to understand your position and protect your interest in the property

TOLATA and cohabitation disputes

Many property disputes arise between unmarried couples following separation.

Unlike married couples, there is no automatic legal framework governing how property is divided. As a result, disputes often arise where there is uncertainty about ownership or entitlement.

These matters are typically dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which provides the legal framework for resolving disputes relating to property ownership and interests.

When do disputes arise?

Disputes can arise in a variety of situations, including where a property is held in one person’s name but another claims an interest, where there is disagreement about whether a property should be sold, or where the parties cannot agree on their respective shares.

They can also arise where financial contributions have been made without any clear agreement as to how the property is to be owned, or promises are made and not followed through on.

Each case turns on its own facts, and the outcome will depend on the specific circumstances and evidence available.

How we can help

Property disputes require careful handling. The legal position is rarely straightforward, and the approach taken at an early stage can have a significant impact on the outcome.

We work with clients to understand the background, assess their position, and identify the most effective way forward.

Where appropriate, we seek to resolve matters through negotiation or settlement discussions. However, where agreement cannot be reached, we are experienced in pursuing and defending claims through the courts.

Our focus is on achieving a practical and proportionate outcome, while protecting your financial position.

A practical and measured approach

We understand that property disputes often involve significant assets and, in many cases, personal relationships.

Our role is to provide clear, straightforward advice, manage the process on your behalf, and work towards a resolution that reflects your position.

Speak to our Dispute Resolution team

If you are involved in a property dispute, or are unsure of your position, we can help you understand the options available to you.

TESTIMONIAL

"Grace was a pleasure to deal with in what was a tricky time to navigate. She answered my questions clearly and always made it easy to understand the legal side. I asked lots of questions and she was always happy to help in a clear and concise manner"

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