Unmarried Partners

Unmarried couples — those who live together but are not married or in a civil partnership — have significantly fewer automatic legal protections than married couples when their relationship breaks down. Understanding your rights and options is crucial.

Unlike divorcing spouses, cohabiting partners do not have an automatic right to a share of property owned solely by the other. Your legal rights depend largely on what is registered in your name, any agreements you have made, financial contributions to the property, and whether there are children involved.

If you have contributed financially to a property that is not in your name — through mortgage payments, renovations, or other contributions — you may be able to make a claim for a beneficial interest under the law of trusts. These claims are complex and often require specialist legal advice.

Where children are involved, either parent can apply to the court for financial provision under Schedule 1 of the Children Act 1989. This can include a contribution towards housing and maintenance for the benefit of the children, irrespective of the relationship between the parents.

Disputes over jointly owned property can be resolved through the courts under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). These proceedings can be expensive and time-consuming, which is why many cohabiting couples choose to put a cohabitation agreement in place at the outset.

At Terence Ray Solicitors, our family law team provides practical, compassionate advice to unmarried couples navigating separation. We will explain your rights clearly and help you reach a fair resolution — through negotiation where possible, and litigation where necessary.

Call us on 020 3367 1430 or email info@trsolicitors.co.uk.

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