We have a wide experience of matters concerning cohabitation of non married / non civil partners.

Cohabitants may choose to deal with their property in the form of agreements either before or at the breakdown of their relationship.

Unfortunately, this is not always possible and it may become necessary to negotiate on a more formal basis or issue an application in the Court for the matters to be decided by a Judge.

It is a common misconception that, on separation, cohabitants feel they have similar rights to those of married couples or civil partners. This is not the case; there is no right to benefit under the rules of intestacy in the event that one of the cohabitants dies without a will nor is there a right to claim maintenance from the other party.

If the property is owned solely by the other party it will be necessary to attempt to prove that you have an interest by showing that:

• You contributed to the purchase price;
  
• You had an agreement with the legal owner and you acted or contributed to the property on the basis of that; or
• That the legal owner promised you had an interest and you acted on that.

If the property is owned by you both jointly then it will depend on whether you hold it as ‘joint tenants' or ‘tenants in common'.

If held as ‘joint tenants' then that is generally the end of the matter and you both have a 50% share. If the property is held as ‘tenants in common' the size of your share may well have been specified. If not, the court will have to analyse the background to establish the size of your respective interests.

It becomes clear that in these circumstances an experienced and dedicated team are invaluable in securing your best interests.