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Cohabitation
Disputes

Disagreements between unmarried couples are often difficult to resolve without a formal agreement. These disputes often involve property, financial contributions, or what happens when the relationship ends. Unlike married couples, cohabiting partners lack automatic legal rights. We advise clients on their legal position and help them explore the best way to resolve matters, whether through negotiation or formal legal action. Our aim is to provide clear, practical advice to help you reach a fair outcome.

Cohabitation Disputes Guide

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What is cohabitation?

Cohabitation generally refers to an unmarried couple living together. This can be in a property that only one partner owns or in a home they own jointly.

It can also apply to individuals who aren’t in a romantic relationship but live together, such as roommates or friends who jointly purchase a property.

Unmarried couples who live together don’t automatically have any legal rights to the other person’s estate, even if they’ve been together for a long time. You won’t have any legal claim to your partner’s assets unless you have a cohabitation agreement that clearly outlines the division of assets in your favour.

Despite the common myth of “common law” marriage, this does not provide any legal entitlement to a partner’s assets if you separate. However, if you can prove that you’ve made a significant financial contribution - such as paying the mortgage or contributing to the deposit - you may have a claim to a portion of the assets. Having sufficient evidence to support your contributions will be crucial.

If you’re facing a dispute with the person you’ve been cohabiting with or you’ve recently separated and want to understand your rights, our experienced family law solicitors are here to offer caring and practical support.

Even if you haven’t yet separated or moved out, seeking advice early can help ensure the best outcome.

Call us today on 01744 626 600 or contact us for an initial, no-obligation consultation about your situation and how we can help.

What happens when you split from a partner you live with?

Disputes with someone you’ve been living with can arise during a breakup. These disputes often centre around finances, such as how to divide assets, or living arrangements, like who will continue living in the property.

Some common areas of dispute include:

Who continues paying the mortgage if only one person was contributing
Who remains in the property after a separation
Whether a jointly owned house should be sold
How finances and property ownership should be split
The rights of a partner who owns the property versus the partner who has been cohabiting

If you’re facing a dispute or want to understand your rights before separating, seeking legal advice is the best way to ensure your interests are protected.

Our team of solicitors will listen carefully to your situation and provide personalised advice, exploring all avenues - whether through negotiation or court action - to help resolve the issue.

You don’t always need legal advice when splitting from an unmarried partner, but it can be incredibly helpful, especially if you’re concerned about dividing assets or potential cohabitation disputes. A family law solicitor can provide valuable guidance on any cohabitation dispute and help draw up a separation agreement.

Frequently asked cohabitation dispute questions

We understand that cohabitation disputes can be confusing and emotionally challenging. To help you navigate these situations, we’ve answered some of the most common questions we receive about cohabitation disputes.

Cohabiting partners don’t automatically have occupancy rights in a property unless the court grants them. However, they may have limited rights to stay in the property depending on the arrangement. Evicting a cohabiting partner or ex-partner can be complex, and seeking legal advice is essential to ensure you handle the situation lawfully.

Unmarried couples do not have automatic legal rights to each other’s assets if they separate. If you’ve been living in a property owned by your partner, you won’t automatically be entitled to a share of it. However, if you have a cohabitation agreement in place, it will be legally binding and enforceable in court.

If you can prove you’ve made significant financial contributions - such as paying towards the deposit or the mortgage - you may be able to claim some rights to the property, but you’ll need strong evidence. If you own the property together, you will have greater rights.

You may need to prove you are cohabiting to draw up a legally binding cohabitation agreement. The following can help demonstrate cohabitation:

Joint leases or mortgage letters
Letters addressed to both people at the same address
Joint utility bills, such as water, gas, or electricity

HEATHER BROADFIELD

HEAD OF FAMILY LAW

TO CONTACT HEATHER PLEASE
CALL01744 626 600
EMAILinfo@frodshams.co.uk

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“Our goal is to simplify the process and ease your stress so you feel confident and cared for every step of the way.”

Our team have many years of experience in helping clients and their families navigate the legal process during some of life’s most challenging and difficult times. Led by our Head of Family Law, Heather Broadfield, our Family Law department handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.

TO CONTACT HEATHER PLEASE CALL01744 626 600
EMAILinfo@frodshams.co.uk

To find out more, speak to us on
01744 626 600 or email

“More than anything; Heather was incredibly approachable. There was zero judgement for the situation I found myself in and she also has a great sense of humour which made an awful situation a lot easier!”

CLIENT FEEDBACK

Cohabitation Disputes

Cohabitation Disputes Guide

What is cohabitation?

WHAT ARE MY RIGHTS WHEN I'M COHABITING?

OUR TEAM ARE HERE TO HELP.

What happens when you split from a partner you live with?

DO I NEED A SOLICITOR WHEN SPLITTING FROM AN UNMARRIED PARTNER?

Tailored advice, delivered with care

Frequently asked cohabitation dispute questions

CAN I EVICT A COHABITING PARTNER?

WHAT ARE MY RIGHTS IF I SPLIT FROM MY PARTNER?

HOW DO I PROVE COHABITATION IN THE UK?

Cohabitation
Disputes