Although you are unlikely to move in with your partner with the intention of splitting up someday, unfortunately, life doesn’t always go to plan.

If the relationship ends, this can create issues regarding who has the rights to the property you both live in, as well as any assets you have purchased together since your relationship began.

Unlike married couples, where there is a legal procedure in place when the relationship breaks down, unmarried couples have no such protection.

That’s why it is essential to be aware of your rights and seek expert legal counsel in the event of a breakup.

Cohabitation Agreements

The best way to avoid any unnecessary disputes in the event of a breakup between you and your partner is to create a Cohabitation Agreement.

This will decide who has the rights to the property you are living in and can also set out what you contribute to the household during your relationship.

By making a Cohabitation Agreement you can avoid the uncertainty that often occurs after a breakup.

It may seem counterproductive to make a Cohabitation Agreement while you are still together, but it will ultimately prevent any difficult arguments or issues in the event that you and your partner do split.

Cohabitation Agreements are legally binding contracts if they are properly drafted, executed and signed as a deed.

This makes it essential to seek legal advice before preparing the Agreement.

Without this, it could be claimed that a party was unaware of the rights they had surrendered, which could make the Agreement void, either wholly or partly.

The progression of a relationship often necessitates change, growth and mutual understanding. As with any legal document, the Agreement should be reviewed regularly and updated as necessary.

For example, if you or your partner decide to have or adopt children, your Cohabitation Agreement should reflect this significant change.

It can detail issues such as child arrangements, financial responsibilities, and any agreed-upon parenting roles.

What if we don’t have a Cohabitation Agreement and we break up?

Without a cohabitation agreement, you may not be legally protected in the event of a relationship breakdown or the death of your partner.

Often, a property dispute will begin.

If a couple live together in a property that was already owned by one of you before the other moved in, this can cause some disagreement after a breakup.

You can make a claim for a share of the property or the right to live in the property under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

Although the scope of TOLATA is fairly limited, it gives the court the power to make orders regarding who is entitled to occupy the property, the nature and extent of ownership, and whether the property should be sold.

The court will consider both parties’ financial contributions to the property, what the property was purchased for, and the welfare of any children residing at the property.

For example, if you do not own the property, you may be able to claim a share of it if you can demonstrate a “beneficial interest,” such as making significant mortgage repayments on the property.

Pursuing a claim under TOLATA is a complicated and expensive process, which is the why the court usually requires both parties to engage in mediation as a first step to resolving the dispute.

Ansons Solicitors can recommend trained mediators in your area.

 Separation advice with Ansons Solicitors

If your relationship breaks down, you will undoubtedly be concerned about your rights as a cohabitee, especially if you have property, children, business interests and assets together.

At Ansons Solicitors, our experienced family lawyers can advise you on your rights and whether you can make a claim against your property.

We can also help you to establish living arrangements, contact, and support payments for children.

As solicitors trained in collaborative law, we will always do our utmost to help you manage your separation amicably and can refer you to a trained mediator if necessary.

However, should going to court become unavoidable, we’ll provide excellent legal representation to protect your best interests.

For more advice on separation from an unmarried partner, contact our expert family law team today.