Property Assets: Fighting your corner in an unmarried break-up
Breakups with a partner are never an easy situation, finances can be especially complicated if you are unmarried.
While most matters would normally be covered in a divorce, it is different if the two individuals are unmarried with assets.
When the national lockdown due to coronavirus was coming into effect, many couples made the decision to quickly move in together as they faced a lengthy time apart.
Unfortunately, if the relationship does not work out, unmarried couples do not have the same rights as married couples or those who are in a civil partnership.
Cohabitants have little or no legal protection at the end of a relationship and there is no sharing of property unless it is jointly owned.
If a property is involved, this is governed by the TOLATA (Trusts of Land and Appointment of Trustees Act 1996).
If the house is only in one party’s name, the other cohabiting party is less likely to see a share of this asset due to not being married.
There are several legal ways to have clear direction on these assets before or during cohabitation, such as a declaration of trust or a cohabitation agreement.
However, it can get very complicated and highly emotional when a relationship has ended without everything being properly documented.
This is where our team of highly experienced and pragmatic Dispute & Litigation Specialists come in.
We will understand your circumstances and what your ideal outcome would be while giving you an honest assessment of your situation as we look to achieve the best possible outcome in these complex types of cases.
Luca Angarano, Litigation Associate, said: “When entering into a relationship, the legalities of cohabiting are not often on people’s minds. However, unmarried breakups are difficult situations as you do not hold the same claims as you would if you are married or in a civil partnership.
“It is important to seek legal advice as soon as possible to help you through this process. With all our clients, we go above and beyond to help them through this difficult time. Some outcomes can be fairly simple, with one party offering to buy out the other, but it is not always the case. At Walker Foster, we work for you and will be there throughout the dispute and through to litigation if necessary.”
This article must not be construed as legal advice. All cases are different on their facts and you should consult with us directly on your case.