Financial Claims for Cohabitees and Cohabitation Disputes
Increasingly, couples are choosing to live together rather than marry. They may however, when doing so, share finances and buy property together. If the property in which you lived as a couple is owned jointly and both parties are named on the deeds of the property, each party will have an interest in that property regardless of the breakdown in the relationship. The extent of that interest depends upon how the property is owned. Our family law solicitors can advise you about these matters.
Complications can arise if you have moved in to your partner’s property and it is just your partner’s name on the rental agreement or title deeds. In those circumstances if you are asked to leave because the relationship has broken down you may not have any entitlement to stay in the property. As with all financial disputes following the breakdown of a relationship the emphasis should be on reaching an agreement quickly.
Courts have power to decide who has rights in a property upon a divorce. If you have not been married, you may not have the same rights. Instead you may need to prove that you have contributed to the property in some way, in which case you may have a share in the property based on that contribution, which can be difficult to prove. Our specialist family law solicitors can help advise you about this and make a claim for financial settlement upon breakdown of the relationship if appropriate.
Alternatively, you could seek to prove that you and your former partner had an intention to share property if the relationship breaks down. This can be done with a cohabitation agreement. Our specialist family law department can help you draw a cohabitation agreement up.
If there are children from the relationship you may be able to make financial claims for maintenance and support, through the child maintenance service or the Courts.