If you are dealing with a cohabitation dispute with a partner or former partner, prompt legal advice can prevent the situation from escalating.
At Sharp Family Law, our experienced cohabitation dispute solicitors in Bath and Bristol can advise you of your rights and take any necessary steps to protect your position. As family law specialists, we have the expertise to put together the strongest possible case on your behalf, ensuring that you have the security you need for the future.
We know that this is likely to be a difficult time for you, and we will support you throughout and make ourselves available to speak to you as needed.
We provide a full range of cohabitation law services relating to disputes, including:
- Advice on cohabitation rights
- TOLATA claims for a share of property
- Enforcing a cohabitation agreement
- Separation agreements
- Child arrangements
Speak to our cohabitation dispute solicitors in Bristol, Bath and Bradford on Avon
If you are facing a disagreement with your partner or former partner, our cohabitation dispute lawyers can provide advice and representation.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.
Our cohabitation dispute services
Advice on cohabitation rights
We can go through your situation with you and provide comprehensive tailored advice on how to deal with a cohabitation dispute. We will explain your rights and give you an assessment of your case as well as the options open to you for resolving matters.
We always aim to deal with issues out of court and, where necessary, we can discuss alternative forms of cohabitation dispute resolution such as mediation.
TOLATA claims for a share of property
If the property you live in is in your former partner’s sole name, but you believe that you have a legal interest in it, we can advise you on making a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
This may potentially allow you to recover a share of the property if you have contributed towards it in some way on the understanding that you will be a part-owner.
Enforcing a cohabitation agreement
If you have a cohabitation agreement in place, then the court can be asked to enforce this if necessary. If your relationship has broken down and your partner is not adhering to the terms of the agreement, we can advise you of the next step.
It is often the case that a firm formal request from us will resolve matters. If not, we will explain the potential consequences to your partner of failing to comply with the agreement and, where necessary, take legal action to enforce your rights.
Separation agreements
If you are going through the breakdown of a relationship, a separation agreement can help you deal with the split with a reduced level of conflict.
We can work with you to identify issues to be dealt with in the agreement. Common clauses in a separation agreement include how a shared property will be dealt with, who will pay outgoings, how bills and other liabilities will be split and how assets will be divided.
A separation agreement can give you some certainty at a difficult time and ensure that both of you know what is expected of you, avoiding misunderstandings and ongoing disagreements.
Child arrangements
If you have children, we can help you put a child arrangements order in place, setting out how much time your children will spend with you, where they will live and how they will keep in touch with each of their parents while they are not together.
This can help you navigate this difficult period and put a schedule in place that will give your family the stability needed. We know that dealing with issues relating to children can be hard and our team will give you the guidance you need.
We can ask the court to seal your agreement, making it into a binding child arrangements order that you will be able to rely on going forwards.
Frequently asked questions about cohabitation disputes
Cohabitation disputes between unmarried couples who live together can involve various issues, including who will leave a shared home, how this will be valued, how much of the property each of you owns and how other assets will be split.
Having help early on from cohabitation dispute lawyers can help you to finalise the separation process promptly and with as little conflict as possible.
A properly drafted cohabitation agreement that has been correctly signed by each of you and signed by witnesses is generally a legally binding contract.
Both parties should have made full financial disclosure, and each should have taken independent legal advice before signing. If you have signed a cohabitation agreement, we can deal with enforcement where necessary, ensuring that you receive the assets to which you are entitled.
If you are not married, you are not automatically entitled to a share of the property you lived in with your partner unless your name is on the title deeds.
You may be able to make a claim under the Trusts of Land and Appointment of Trustees Act 1996, commonly referred to as TOLATA, in certain circumstances.
For example, if you contributed towards the property on the understanding that you would have an interest in it, such as by paying some of the mortgage, paying other bills so that your partner could pay the mortgage or paying for substantial work on the property, you can ask the court to recognise this.
The court will decide who owns the property and in what proportions. It can also make an order for sale of the property or decide who should live in the property.
If your name is on the title deeds, then you are entitled to a share of the property. If you hold the property as joint tenants, the share proceeds would generally be shared 50:50. If you hold the property as tenants in common, then there will be a declaration of trust stating how much each of you owns.
If your name is on the bills, then you will be required to pay them. Where a bill or account no longer relates to you, you must arrange with the account holder for it to be transferred out of your name. Until this happens, you will be jointly liable for any money owed.
Why choose Sharp Family Law for help with cohabitation disputes?
As family law specialists, we have genuine expertise and many years of experience in handling challenging issues, including the most complex type of dispute between cohabitating couples.
Our advice to you will be clear and pragmatic, and we always try to resolve matters out of court if possible, avoiding the need for a lengthy legal case.
We will give you a realistic assessment of the strength of your position and the options open to you. Our service is always bespoke and we will use our expertise to achieve the best possible outcome for you and your family.
Our accreditations include:
- Ranking by leading legal directories the Legal 500 and Chambers & Partners
- Several of our team are members of Resolution – the professional network for family lawyers committed to dealing with family law issues in a non-confrontational way
- Richard Sharp is a trained collaborative lawyer and family mediator in both the UK and the USA
For more information about us, please see our family law team page.
Speak to our cohabitation dispute solicitors in Bristol, Bath and Bradford on Avon
If you are dealing with a disagreement, our cohabitation dispute solicitors in Bath and Bristol and Bradford on Avon can provide you with expert advice and representation.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.