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If you’re separating from a partner and you weren’t married, working out who gets what can be stressful and confusing. Unlike married couples, cohabiting partners don’t have the same automatic rights to each other’s property, no matter how long you’ve been together or how much you’ve contributed. There’s no such thing as a “common law marriage” in England and Wales, and that comes as a shock to many people.
The good news is that you do have legal options. The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) gives the courts power to resolve property disputes between cohabiting couples, and a cohabitation agreement can protect you if you’re planning ahead. Our property disputes team can help you understand where you stand and what to do next.
Get a free, no-obligation chat with our property disputes team, call us on 02920 829 100 or use our Contact us form.
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This is the question most people ask first, and the answer depends on the specifics of your situation.
If you’re an unmarried couple and your relationship has broken down, your property rights are determined by property and trust law, not family law. The courts won’t divide your assets the way they would in a divorce. Instead, they’ll look at who legally owns the property, what financial contributions each person made, and whether there were any agreements or shared intentions about ownership.
Around 3.6 million couples in England and Wales are currently cohabiting, making it the fastest-growing family type. Yet research consistently shows that nearly half of cohabiting couples wrongly believe they have “common law marriage” rights. The reality is that your legal position depends on a few key factors:
Is your name on the title deeds? If both names are on the deeds, you’re a legal co-owner. But even then, you might disagree about your respective shares, especially if one of you contributed more to the deposit or mortgage.
Did you buy the property as joint tenants or tenants in common? Joint tenants own equal shares. Tenants in common can own different shares, which should be set out in a declaration of trust. If you ticked “joint tenants” on the transfer form but contributed unequal amounts, that’s where disputes often start.
What if only one name is on the deeds? If you’re not on the title, you don’t automatically have any legal interest in the property. But you may be able to claim a beneficial interest if you can show that there was a common intention to share the property and that you acted on that intention to your detriment.
This area of law is technical and fact-specific. Getting specialist advice early can save significant cost and stress.
At Darwin Gray, we act for individuals and property owners dealing with cohabitation property disputes across England and Wales. We handle these cases in our property disputes team, because TOLATA claims are decided in the civil courts under property and trust law, not family law. That distinction matters, and it can affect the outcome of your case.
Want to talk it through? Contact us for a free, no-obligation chat call us on 02920 829 100 or use our Contact us form.
The Trusts of Land and Appointment of Trustees Act 1996 is the main legal route for resolving property disputes between cohabiting couples. Under TOLATA, the court can order the sale of a property, determine who is entitled to occupy it, and decide what share each party holds in the equity. We handle all types of TOLATA claims, whether you’re seeking to establish a beneficial interest, force a sale, or defend against a claim. We’ll assess the strength of your position, explore settlement options, and represent you through to court if needed.
If your name isn’t on the property’s title deeds, you may still be able to claim a share. This typically involves showing that you have a beneficial interest through one of these legal routes:
Express trust: A written declaration (such as a declaration of trust or cohabitation agreement) that specifically sets out your share in the property. This is the most straightforward type of claim because the intention is clearly documented.
Constructive trust: Where there was a common intention (either expressed in words or implied through conduct) that you would share the property, and you acted on that intention to your detriment. For example, you may have given up your own home to move in, contributed to mortgage payments, or funded significant renovations.
Resulting trust: Where you contributed directly to the purchase price but your name wasn’t put on the deeds. The law may presume that you hold a beneficial interest proportionate to your contribution.
Proprietary estoppel: Where you were given an assurance that you’d have an interest in the property, you relied on that assurance, and it would be unfair (or “unconscionable”) to deny you that interest now.
Each of these claims turns on the evidence. We’ll help you gather what you need and assess whether your claim is likely to succeed.
If you co-own a property and your former partner refuses to agree to a sale, you can apply to the court under Section 14 of TOLATA for an order for sale. The court will consider several factors under Section 15, including the purpose for which the property was held, the welfare of any children who live there, and the interests of any secured creditors (such as a mortgage lender). We’ll advise you on the likely outcome and handle the application for you.
If someone is claiming a share in your property, you need to respond carefully and quickly. We’ll assess whether their claim has merit, gather evidence to support your position, and represent you in negotiations or court proceedings. The strongest defence is often to show that there was no common intention to share the property, that any contributions were intended as gifts or rent, or that a declaration of trust already records the agreed position.
Not all cohabitation disputes involve couples. Property disputes between siblings, family members, friends, or co-investors also fall under TOLATA. If you jointly own a property and can’t agree on whether to sell, how to split the equity, or who should live there, we can help you resolve it.
Sometimes the immediate issue isn’t who owns the property but who gets to live in it while the dispute is sorted out. The court can make orders about occupation under TOLATA, and in some cases, the occupying party may need to pay an “occupation rent” to the other co-owner. We’ll advise you on your rights and help you secure appropriate arrangements.
Prevention is always better than cure. A cohabitation agreement is a legally binding contract that sets out what happens to property, finances, and other assets if the relationship ends. It’s similar in concept to a prenuptial agreement, but for unmarried couples.
A well-drafted cohabitation agreement can cover who owns what share of the property, how mortgage payments and household costs are split, what happens to the property if one of you moves out, how jointly owned possessions are divided, and arrangements for any pets. It provides clarity and certainty for both parties, and it can prevent a costly TOLATA claim down the line.
Yes. Cohabitation agreements are legally binding contracts in England and Wales, provided both parties entered into the agreement voluntarily, with full knowledge of each other’s financial circumstances, and ideally with independent legal advice. If one party tries to go back on the agreement, the other can enforce it through the courts under standard contract law principles.
That said, a cohabitation agreement drafted without proper legal advice, or without both parties understanding what they’re agreeing to, is more vulnerable to challenge. We’d always recommend that both parties get independent legal advice before signing.
Alongside a cohabitation agreement, we’d typically recommend a declaration of trust. This is a legal document that records each person’s share in the property and how the equity should be divided if the property is sold. It’s particularly important when you’re contributing unequal amounts to the deposit or mortgage, because without one, the law may presume equal ownership (if you’re joint tenants), even if that doesn’t reflect reality.
The current position is clear: in England and Wales, cohabiting couples don’t have the same legal rights as married couples or civil partners. This means no automatic right to your partner’s property, savings, or pension if you separate. No right to maintenance. No automatic inheritance if your partner dies without a will.
Your rights are limited to what you can prove through property and trust law, primarily through TOLATA.
This area is expected to change. The Labour Government pledged in its 2024 manifesto to strengthen the rights of cohabiting couples, and in February 2025, the Minister for Family Justice confirmed that a formal consultation would take place. In November 2025, the Government announced that a wide-ranging consultation on cohabitation law reform would launch in Spring 2026.
The consultation is expected to look at introducing a form of “cohabitation rights” for couples who have lived together for a specified period (likely two or more years) or who have children together. Potential reforms could include property and financial claims on separation, inheritance rights for surviving partners, and opt-out mechanisms for couples who don’t want the new rules to apply.
Any changes are likely some way off. Legislation would need to pass through Parliament, with implementation potentially not until 2027 or later. In the meantime, the existing law applies, and cohabitation agreements remain the best way to protect yourself.
We’re monitoring these developments closely and will update our clients as the consultation progresses.
Evidence is critical in TOLATA claims. The court will look at the whole picture, and the stronger your evidence, the better your chances. Key evidence includes:
Financial contributions: Bank statements, mortgage payment records, direct debits, and transfer receipts showing payments towards the deposit, mortgage, or household bills.
Property documents: Title deeds, transfer forms (TR1), any declaration of trust, and Land Registry records showing how the property is held.
Communications: Text messages, emails, letters, or other correspondence discussing ownership, shares, or intentions about the property. Even informal conversations can be relevant.
Evidence of improvements: Receipts, invoices, and photographs showing work carried out on the property, and evidence of who paid for it.
Witness statements: Statements from family, friends, or others who were aware of the couple’s arrangements or intentions.
Cohabitation agreement or declaration of trust: If one exists, this is usually the starting point and often the strongest evidence.
Detriment evidence: Proof that you acted to your disadvantage based on a shared understanding, for example, giving up a tenancy, turning down a job to be closer to the property, or spending savings on renovations.
We’ll help you identify and organise the relevant evidence early in the process, which often makes the difference between a successful claim and a failed one.
Choosing a solicitor for a cohabitation dispute matters. These cases sit at the crossroads of property law and personal relationships, and you need someone who understands both. Here’s why clients choose us.
You won’t be passed through gatekeepers. When you call, you’ll speak to the solicitor handling your matter. You’ll have their mobile number, their email, and a genuine working relationship. When you’re dealing with something as personal as a property dispute with a former partner, that direct relationship matters.
TOLATA claims are civil property cases, not family law cases. They’re decided by civil judges using property and trust law principles. Our property disputes team has deep expertise in exactly this area, and that specialism can make a real difference to the outcome. We also work closely with our property team, so if the property needs to be sold or transferred as part of the resolution, we can handle everything in-house.
Cohabitation property disputes can be emotionally charged, and it’s easy to lose perspective on costs. We’ll always give you an honest assessment of your position and the likely outcome. If a claim isn’t worth pursuing, we’ll tell you. If a reasonable settlement is on the table, we’ll advise you to consider it. Clear options, fair pricing, no surprises.
Property disputes often need urgent attention, particularly if there’s a risk that a property might be sold, a mortgage is falling into arrears, or one party is threatening to change the locks. Devolved decision-making and flexible working hours mean we can move quickly when it counts.
We’re the leading commercial law firm with offices in South and North Wales offering Welsh language legal services at every level, from trainees right through to partners. If you need a solicitor who can discuss your cohabitation dispute fluently in Welsh, you’ll find that expertise across our team.
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Call us or fill in our contact form. We’ll have a chat about your situation, completely free and without obligation. We’ll want to understand the basics: who owns the property, how it was purchased, what contributions have been made, and what the current disagreement is about. Most clients speak directly to one of our property litigation solicitors at this stage.
We’ll review your property documents, financial records, and any agreements in place. You’ll get an honest assessment of your legal position, your options, and the likely costs. We’ll explain how TOLATA applies to your specific circumstances and advise whether negotiation, mediation, or court proceedings are the best route.
Most cohabitation property disputes can be resolved without going to court. We’ll negotiate with your former partner (or their solicitor) to try to reach an agreement on the sale of the property, the division of equity, or the transfer of ownership. If mediation would help, we can arrange that too.
If agreement can’t be reached, we’ll prepare and issue a TOLATA claim in the County Court. The process involves exchanging evidence, disclosure, and potentially a trial where a judge decides the outcome. We’ll represent you throughout and, if required, work with specialist barristers to present your case.
Cohabitation property disputes vary widely in complexity. A straightforward negotiation over a jointly owned property can be relatively cost-effective. A contested TOLATA claim involving disputed beneficial interests and a court hearing will cost more.
We’re upfront about fees from the start. At your initial consultation, we’ll give you a clear estimate based on the specifics of your situation. For disputes, we’ll work on an hourly rate with regular cost updates so you’re never caught off guard.
We’ll also help you check whether your home insurance includes legal expenses cover for property disputes, as many policies do.
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A TOLATA claim is a legal application made under the Trusts of Land and Appointment of Trustees Act 1996. It’s the main route for resolving property disputes between cohabiting couples (and other co-owners like siblings, friends, or co-investors). Under TOLATA, the court can order the sale of a property, decide who gets to live in it, and determine what share of the equity each person is entitled to. These cases are heard in the civil courts, not the family courts, and are decided by applying property and trust law principles.
Cohabiting couples don’t have the same automatic rights as married couples. There’s no such thing as a “common law marriage” in England and Wales. If you’re not married, your rights depend on whether you’re named on the title deeds, how the property is held (as joint tenants or tenants in common), and whether you can establish a beneficial interest through a trust or proprietary estoppel. Without a cohabitation agreement or declaration of trust, your position can be uncertain. Getting legal advice early is the best way to understand where you stand.
Yes. A cohabitation agreement is a legally binding contract, provided both parties entered into it voluntarily, with a full understanding of each other’s financial circumstances. Both parties should ideally have independent legal advice before signing. If one party later tries to go back on the agreement, it can be enforced through the courts. Without independent legal advice, the agreement may still be valid, but it becomes easier to challenge.
If both parties are willing to negotiate, a dispute can often be resolved within a few months through solicitor-led negotiation or mediation. If court proceedings are necessary, the process typically takes 9 to 18 months from issuing the claim to trial, though this depends on the complexity of the case, the court’s availability, and how contested the issues are. We always aim for the fastest resolution possible, because delay adds cost and stress.
Potentially, yes. You may be able to establish a beneficial interest through a constructive trust (if there was a common intention to share the property and you acted on that to your detriment), a resulting trust (if you contributed directly to the purchase price), or proprietary estoppel (if you were given an assurance about owning a share and relied on it). The evidence required is specific and the law is technical, so getting specialist advice is important. Simply living in the property or paying household bills may not be enough on its own.
If both names are on the deeds, you both have a legal interest. What you’re each entitled to depends on how you hold the property. If you’re joint tenants, you each own an equal share (50/50). If you’re tenants in common, your shares are as set out in any declaration of trust, or if there’s no trust, the court may need to determine them. If you can’t agree on whether to sell or how to split the equity, either party can apply under TOLATA for a court order. We can also help you sever a joint tenancy (converting it to a tenancy in common) if that’s appropriate.
In a divorce, the court has wide discretion to divide the couple’s assets fairly under the Matrimonial Causes Act 1973, regardless of who owns what. TOLATA claims are different. The court applies strict property and trust law, looking at who contributed what and whether there was a common intention to share. TOLATA won’t produce a “fair” outcome in the way divorce proceedings aim to. It’s focused on establishing and enforcing property rights. This distinction is important, and it’s why we recommend cohabitation agreements to prevent unfair outcomes.
Yes, by applying to the court under Section 14 of TOLATA. The court will consider the factors set out in Section 15, including the purpose for which the property was bought, the interests of any mortgage lender, and the welfare of any children who live there. In most cases where a relationship has ended and there are no minor children living in the property, the court will order a sale. Where children are involved, the court may delay a sale until they reach a certain age.
If you’re a co-owner, your partner cannot sell the property without your consent. If you’re not on the deeds but believe you have a beneficial interest, we can help protect your position and prevent the property being sold or transferred without your knowledge. We can arrange this quickly if the situation is urgent.
The Government has confirmed that a consultation on cohabitation law reform will launch in Spring 2026. The consultation is expected to consider giving cohabiting couples (particularly those who have lived together for a set period or have children together) greater financial protections on separation, potentially including property claims and inheritance rights. Any reforms are likely years away from implementation, so the existing law under TOLATA continues to apply. We’re monitoring developments closely.
We’d strongly recommend it. A cohabitation agreement (together with a declaration of trust) sets out your respective shares and what happens to the property if the relationship ends. Without one, you’re relying on trust law, which can produce uncertain and sometimes unfair outcomes. The cost of putting an agreement in place is a fraction of the cost of a contested TOLATA claim.
Our cohabitation dispute solicitors are based at our Cardiff and Bangor offices, but we act for clients right across England and Wales.
a: 9 Cathedral Road, Cardiff, CF11 9HA
a: Unit F12, InTec, Ffordd y Parc, Parc Menai, Bangor, LL57 4FG
Can’t visit in person? No problem. We handle much of our TOLATA work by phone, video call and email. These are personal matters, and we’re flexible about how and when we meet.
Cohabitation property disputes are easier to resolve when you get specialist advice early, before positions harden and costs escalate. Whether you’re separating and need to know your rights, or you’re planning ahead with a cohabitation agreement, contact us for a free, no-obligation chat.
Call us on 029 2082 9100 or fill in our contact form and we’ll get back to you.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
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