COHABITATION

Barbara Jordan, a highly experienced Family Solicitor at Jordans Solicitors, frequently works with unmarried couples who have separated and will advise you on the most effective and efficient process for you, taking your circumstances into account.

If you are unmarried and live together you do not have the legal rights of a married couple. In the event that your relationship breaks down or one party dies, there can be significant legal implications.

Capital assets such as the family home are not divided as they might be in divorce and should a property dispute occur, trust and land law is applied instead.

There is no automatic entitlement to make financial, capital, spousal maintenance or pension claims against a cohabitee. 

 

There are laws concerning the children of cohabiting couples as there is no distinction between married and unmarried parents when deciding such issues as who the child (or children) will live with and how often they will see the other parent.

Please do seek legal advice as soon as possible to ensure you have an understanding of the situation and know your rights.

We can try and resolve matters by agreement without going to court but if this is not possible, you can apply to the Court under the Trust of Land and Appointment of Trustees Act 1996 (ToLATA) to ask the court to decide what share of the property each party owns and decide whether it should be sold to release one party’s share. This is a civil claim and has cost implications.

Jordans offers up to an hours free initial consultation appointment with a view to enabling potential clients to meet the firm’s team and obtaining initial advice to assist in all decision making.

​If you are experiencing difficulties within your relationship, you should arrange a first appointment. To book a free consultation with Barbara Jordan, email barbara@jordans.legal or contact the firm on 01242 386700.