Cohabitation & Jointly Owned Property Solicitor in Nottingham

The myth of the common-law spouse

There is no such thing as a common-law marriage in England and Wales. However long you have lived together, the law does not automatically divide property or provide maintenance when cohabiting couples separate. Rights usually depend on whose name is on the deeds, what was agreed and what each person contributed.

A cohabitation agreement or Declaration of Trust can set out clearly who owns what, how contributions are treated and what happens if you separate. Paulette drafts these documents so they are clear, fair and practical.

TOLATA disputes

If you jointly own property, or believe you have an interest in a property held in your partner's name, a dispute may be resolved under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). These claims focus on intentions, agreements and contributions, and can be complex.

Paulette gives early, realistic advice on the strength of your position, helps gather evidence, and works towards an early, fair settlement wherever possible. If proceedings are needed, she will guide you through them with care and keep costs proportionate.

How a property dispute is resolved, step by step

Unmarried couples do not have the same financial rights as married couples when they separate. Instead, disputes about property are decided under property and trust law, principally the Trusts of Land and Appointment of Trustees Act 1996, often called TOLATA. The first step is to establish how the property is legally owned, by checking the title at HM Land Registry and any declaration of trust signed at the time of purchase.

Paulette then considers what each of you contributed and intended, including deposits, mortgage payments and improvements, and any promises or discussions about ownership. She will write to your former partner, or their solicitor, setting out your position under the pre-action protocol, and explore settlement through negotiation or mediation.

If agreement cannot be reached, either owner can apply to court for a declaration of each person's share and an order for sale or transfer. Separately, where there are children, a claim may be possible under Schedule 1 of the Children Act 1989 for housing or financial provision for the children's benefit.

Typical timelines

Many cohabitation disputes settle within a few months once the evidence is gathered and positions are set out clearly. Contested TOLATA proceedings can take a year or longer, and the costs can be significant, so early, realistic advice and a focus on settlement are especially valuable.

What to prepare

Bring the completion statement and any documents from the purchase, a copy of any declaration of trust or cohabitation agreement, mortgage statements and evidence of payments each of you has made towards the deposit, mortgage and improvements. Emails or messages discussing ownership can also be important.

Common worries

Many people believe in the idea of a 'common law spouse' and are surprised to learn it has no legal basis in England and Wales. Others worry that, because their name is not on the deeds, they have no claim at all. That is not always the case; a share may arise from contributions and shared intentions. Equally, a person who is a joint owner may be worried they will be forced to sell. Paulette will explain the options, such as one party buying the other out.

When to get advice

Advice is valuable before buying a home together, when a cohabitation agreement or declaration of trust can prevent disputes later, and as soon as a relationship ends, before anyone moves out or stops paying the mortgage.

Family and friends who co-own

The same principles apply to friends, siblings or parents and children who buy together. Putting arrangements in writing at the outset can prevent costly misunderstandings later.

Frequently asked questions