As cohabitation is not legislated for, specifically in the same way as a marriage or a civil partnership, only general laws that relate to property or children might apply should the cohabitees happen to be property owners or joint parents of a child.
Contact a member of the family team on 0345 507 5151, e-mail email@example.com or fill in our online form at the top of this page.
Where a home or other property is jointly owned, the entitlement to a specific percentage share of the value of that property will normally be found in the documentation prepared by the Conveyancing Solicitors at time of purchase and will usually be binding on this point.
Sometimes however, there may have been no specific declaration in these Conveyancing documents, or if there has been, a later event or agreement may mean that it has varied each owner’s entitlement to that given percentage.
Generally speaking however, it is a financial contribution to the property that will be key, the needs of a family are irrelevant to the determination of property rights in the Civil Courts dealing with land.
Where a property is owned in the sole name of one party, the determination of the non-owner’s interests are far more complex. On the face of it, no person other than the registered owner has any entitlement in the property at all. It is possible however, in certain cases, to infer that despite there being only one legal owner, that there was an intention that the non-owner would also have an interest in the home or more specifically in the financial value of the home.
This area is a complex one and is governed by the area of Trust law where establishing the parties intentions are key. Again, if negotiations fail to resolve the dispute then an application is available to the Civil Court dealing with land matters.
If there are children of the relationship then it may be possible to use the financial wing of the Children Act to secure a property to live in for their childhood years if there are sufficient resources to make this feasible. Likewise, the same statute can make financial provision for the child’s carer possible.
Where means are modest (insufficient to establish two separate properties for the parties) then the only financial assistance relating to children that will be available, will be child maintenance upon application to the Child Maintenance Service (previously known as the Child Support Agency).
When you consult one of our family law experts here at Gorvins Solicitors, we will explain your rights as a cohabiting partner and advise you of the process that will be taken to help you resolve the dispute.
If you need help or have a cohabitation dispute with your partner speak to one of our specialist family solicitors on 0345 507 5151, e-mail firstname.lastname@example.org or fill in our online form at the top of this page.
I really appreciated the professional, sensitive and polite manner... ...Sofia Zafar from London
My divorce has been one of the most difficult periods of my life and... ...NHS Worker from Manchester
Nicola and the family law team at Gorvins are the most amazing... ...Mrs. Charlotte Soloman from Manchester
I would just like to take this opportunity to thank Nicola for all the... ...Mrs. Claire Dalgliesh
I was recommended to Sally by a friend because he said Sally had... ...Anon, Manchester
I would like to thank you for making the whole process painless. Really... ...Mrs B. Manchester
I also wanted to express my heartfelt gratitude for your outstanding... ...Deborah, Stockport
I have been more than satisfied with the way my case was handled... ...Ms. Linda Gibson, Davyhulme
Linzi has been an outstanding practitioner throughout my case. Her... ...David Gibson
I contacted Linzi Perriman, Gorvins 'family' Solicitor, for advice and... ...Laurence Martlew
Associate SolicitorFamily Law
Senior AssociateFamily Law
Gorvins Family Law solicitors are specialists in children matters and will guide you through the process...
Child Maintenance refers to regular financial support weekly, monthly or yearly paid by a parent to the other...
When a relationship breaks down, the continued happiness and well-being of your children is of utmost importance.
Gorvins team of Family Law Solicitors are highly experienced in dealing with the breakdown of same sex relationships...
Cohabitation is a popular arrangement for many and it is therefore important to understand your rights
Divorce is the legal process that brings an end to a marriage that has broken down.
If you've suffered domestic violence and abuse, the specialist team at Gorvins Solicitors can help you...
A Financial Settlement ensure any property or assets you own jointly together are sorted out to avoid future issues...
Putting in place a prenuptial agreement and ensuring you both have properly drafted Wills can help protect any assets...
Head of Family Law Nicola McInnes has been featured in The Independent.
Advice for divorced parents on how to make arrangements for children over the Christmas holidays.