How Do Courts Deal with Cohabitation Disputes?

Cohabiting couples are now one of the fastest-growing family types in the UK, yet the law has not kept pace. Many people mistakenly believe in the concept of a “common law marriage”, but in reality, cohabiting partners have very limited legal rights when relationships break down.

If you are involved in a dispute with a former partner over property or finances, understanding the law that applies, the pre-emptive measures that can be taken, and the practical solutions available in these cases, is essential.

What is a cohabitation dispute?

A cohabitation dispute typically arises when an unmarried couple separates and disagrees about:

• Ownership of a property
• Financial provision for their children
• Whether one partner has a financial interest in a home
• Who has the right to occupy the property
• Whether a property should be sold now or in the future
• How proceeds of sale should be divided

Unlike when married couples separate and divorce, there is no automatic legal framework to divide assets for separating unmarried couples because the Matrimonial Causes Act 1973 does not apply to unmarried couples.

What law applies to disputes over property?

Most cohabitation property disputes are dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)

Under TOLATA, the court can:

• Decide who owns a property (beneficial interests)
• Determine each party’s share
• Order a sale of the property
• Decide who has the right to live in the property

However, the court’s powers are limited, and they cannot simply divide assets based on fairness, as they would in divorce proceedings.

How do courts decide who owns what?

Cohabitation disputes are largely based on evidence and circumstances. The court’s role is to determine the parties’ intentions and contributions.

Courts will examine:

• Legal ownership (whose name is on the title deeds)
• Financial contributions (deposit, mortgage, renovations and improvements)
• Any agreements (written or verbal)
• Conduct of the parties (how they behaved during the relationship)
• Shared intentions about ownership

If a property is in one person’s sole name, the other partner must provide sufficient evidence that they have an interest.

What evidence is important in court?

Evidence is often the deciding factor in cohabitation disputes.

Courts may rely on:

• Bank statements and mortgage/deposit payment records
• Messages or emails showing agreements
• Evidence of renovations or financial contributions
• Witness evidence
• Proof of reliance (e.g. giving up a career or contributing to the household)

In many cases, claims are based on a “common intention constructive trust”, where one party must show that there was a shared intention to own the property jointly, and that they relied on that intention to their detriment.

What about children?

Cohabitation disputes involving children can be connected but are sometimes treated separately.

Financial provision for children may be addressed under Schedule 1 of the Children Act 1989 which includes housing provision for a child, and school fees or maintenance.

However, crucially, this does not give a parent automatic right to property ownership.

Do most cases go to court?

Not always.

In fact, courts expect parties to attempt resolution before issuing proceedings.

Common alternatives include:

• Negotiation through solicitors
• Mediation or other forms of alternative dispute resolution
• Settlement agreements

Failure to attempt settlement can lead to cost penalties, even if you win your case.

How long do cohabitation disputes take?

Both TOLATA and Schedule 1 claims can be lengthy, expensive, and emotionally stressful.

This is due to complex legal principles with detailed evidence requirements, as well as the discretionary nature of decisions.

Early legal advice is critical to avoid unnecessary litigation.

Recent developments (2025–2026)

There is growing recognition that the current law is outdated.

The UK Government has confirmed plans to consult on cohabitation law reform in 2026 with an aim is to address the lack of protection for unmarried couples and improve fairness.

However, no major legal changes are in force yet, so current disputes are still governed by TOLATA and the Children Act.

Key risks for cohabiting couples

If you are not married or in a civil partnership:

• You do not automatically share property
• You may have no right to stay in your home
• You could leave a long relationship with no financial entitlement
• You do not have any automatic rights to property even if you have children together

Even long-term cohabitation does not create legal rights.

How to protect yourself

To avoid disputes, you should consider a Cohabitation agreement, a Declaration of sole ownership or a Declaration or Trust prior to purchasing property or beginning a cohabitating relationship.

Additionally, there may well be other protective measures that you can take during the cohabitation that will afford you some protection.

If, however, you have already separated and you do then find yourself reaching an agreement with your ex-partner, then it is strongly advised that you first seek legal advice before enacting the terms of that agreement. Recording any agreement in a Deed is also strongly recommended as this will reduce the likelihood and reduce the impact of any claims made by the other, in the future.

These steps can ultimately help to prevent costly disputes later.

When should you seek legal advice?

You should speak to a solicitor if:

• You are separating from a partner and own property together
• You are separating from a partner and you have children together
• You contributed financially but are not on the deeds
• Your ex-partner is refusing to sell or recognise your share
• You are being asked to leave your home

Early advice can significantly improve your outcome.

Speak to a specialist cohabitation solicitor

Cohabitation disputes are complex and highly fact sensitive. Whether you are bringing a claim or defending one, expert legal advice is essential.

Our specialist solicitors can:

• Assess your legal position
• Advise on your share of property
• Advise on the financial provision that can be afforded to your children
• Negotiate a settlement
• Prepare and draft Cohabitation Agreements, Declarations of Trust and Separation Agreements
• Represent you in court if necessary

Contact us today for clear, practical advice tailored to your situation.