When it comes to separation or the death of a partner cohabiting partners do not have the same legal protections as married couples or those in civil partnerships.
Cohabitation property disputes often arise from:
- Property ownership
- Maintenance
- Arrangements for children
- Inheritance issues
- Distribution of assets
- Shared debts
- Separation agreements
Unless property is jointly owned cohabiting individuals do not even have a guaranteed right to each other’s property in the event of separation or death. It sometimes comes as a surprise to cohabiting couples that they may not be entitled to half of any property as they might have assumed.
It is sometimes the case that when a relationship breaks down former cohabitants can’t agree on what should have to a former family home. They may disagree on whether it should be sold, particularly if one partner is still living in the home with children of the family, or, if it is to be sold, how the proceeds of sale should be divided.
Where a family home has been purchased in joint names it is often a good idea to record how the property is owned in deed or declaration of trust. That might, for example, record that one party paid a deposit and that they would receive that deposit before any proceeds were divided. Problems can arise if there is deed or declaration of trust.
The starting point where a family home is bought in joint names is that you own the property as joint tenants in law and equity. That means that you have an equal interest in the property.
That presumption can be displaced by evidence that your intention was, in fact, different. That might have been when the property was purchased or at a later date.
Where it is clear you had a different intention at the outset or changed your original intentions, but it is not possible to infer an actual intention as to the respective shares, then the court is entitled to impute an intention that each is entitled to the share which the court considers fair having regard to the whole course of dealing between them in relation to the property.
In the absence of a deed or declaration of trust each case will ultimately turn on its own facts. Financial contributions are relevant but there are many other factors which may enable the court to decide what shares were intended or fair.
If the family home is in the name of only one of the separating cohabitants then the other cohabitant may have to prove a resulting, implied or constructive trust to establish a beneficial interest in the property. That means that you would have to establish in some way that it was intended that you would have a share in the property.
This a complex area of law with potentially life-changing consequences and professional assistance is likely to be essential. Our expert and experienced team of family lawyers and ready and will assist you if you find yourself in a joint-ownership dispute.