Ringrose Law expert advice on understanding cohabitee disputes and legal guidance for unmarried couples
With an increasing number of couples choosing to live together without marrying, it’s crucial to understand the legal implications of such arrangements, writes Nick Aspley, head of family team at Ringrose Law.
In the UK, cohabiting partners do not enjoy the same legal rights as married couples, which can lead to complex disputes if the relationship ends.
What Are Cohabitee Disputes?
Cohabitee disputes arise when unmarried couples face disagreements, often upon separation. Common issues include:
• Property Ownership: Disputes over who owns or has rights to the shared home, especially if only one partner’s name is on the title deeds.
• Financial Contributions: Conflicts regarding contributions to mortgage payments, renovations, or household expenses.
• Children: Disagreements about child custody, support, and living arrangements.
Legal Framework for Cohabiting Couples
Unlike married couples, cohabitants have limited legal protections. Key legal considerations include:
• Property Disputes: Handled under the Trusts of Land and Appointment of Trustees
Act 1996 (TOLATA), which allows individuals to claim a beneficial interest in a property if they can prove contributions or agreements indicating shared ownership.
• Children’s Welfare: Addressed under the Children Act 1989, focusing on the best interests of the child, including custody and financial support arrangements.
Preventing Disputes: Cohabitation Agreements
To mitigate potential conflicts, couples can enter into a cohabitation agreement, outlining the following;
• Property Rights: Clarifying ownership and division of assets.
• Financial Responsibilities: Detailing how bills, debts, and expenses are managed.
• Arrangements for Children: Setting expectations for custody and support. Such agreements provide clarity and can be instrumental in resolving disputes amicably.
How Ringrose Law Can Assist
At Ringrose Law, our experienced family law solicitors specialise in cohabitee disputes. We offer:
• Expert Legal Advice: Guidance tailored to your unique situation.
• Cohabitation Agreements: Assistance in drafting agreements to protect your interests.
• Dispute Resolution: Support in negotiations, mediation, or court proceedings if necessary.
Our team is dedicated to providing compassionate and effective legal solutions to help you navigate the complexities of cohabitation disputes.
Contact Us Today
If you’re facing a cohabitee dispute or wish to safeguard your rights through a cohabitation agreement, contact Ringrose Law on 01636 594460 or visit us on Castlegate, Newark for more information.
