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Cohabitation Disputes
Disputes with someone you live with, or have lived with, can be difficult and emotionally draining. At Frodshams Solicitors, we understand the personal nature of these challenges, and our caring team of family law solicitors are here to support you every step of the way. We’re committed to providing thoughtful, compassionate guidance, always going the extra mile to find the best solution for your situation.
What is Cohabitation?
Cohabitation generally refers to an unmarried couple living together. This can be in a property that only one partner owns or in a home they own jointly.
It can also apply to individuals who aren’t in a romantic relationship but live together, such as roommates or friends who jointly purchase a property.
What are My Rights When I’m Cohabiting?
Unmarried couples who live together don’t automatically have any legal rights to the other person’s estate, even if they’ve been together for a long time. You won’t have any legal claim to your partner’s assets unless you have a cohabitation agreement that clearly outlines the division of assets in your favour.
Despite the common myth of “common law” marriage, this does not provide any legal entitlement to a partner’s assets if you separate. However, if you can prove that you’ve made a significant financial contribution - such as paying the mortgage or contributing to the deposit - you may have a claim to a portion of the assets. Having sufficient evidence to support your contributions will be crucial.
Our team are here to help.
If you’re facing a dispute with the person you’ve been cohabiting with or you’ve recently separated and want to understand your rights, our experienced family law solicitors are here to offer caring and practical support.
Even if you haven’t yet separated or moved out, seeking advice early can help ensure the best outcome.
Call us today on 01744 626 600 or contact us for an initial, no-obligation consultation about your situation and how we can help.
What Happens When You Split From a Partner You Live With?
Disputes with someone you’ve been living with can arise during a breakup. These disputes often centre around finances, such as how to divide assets, or living arrangements, like who will continue living in the property.
Some common areas of dispute include:
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Who continues paying the mortgage if only one person was contributing
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Who remains in the property after a separation
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Whether a jointly owned house should be sold
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How finances and property ownership should be split
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The rights of a partner who owns the property versus the partner who has been cohabiting
If you’re facing a dispute or want to understand your rights before separating, seeking legal advice is the best way to ensure your interests are protected.
Our team of solicitors will listen carefully to your situation and provide personalised advice, exploring all avenues - whether through negotiation or court action - to help resolve the issue.
Tailored Advice, Delivered With Care
We understand that splitting up from a cohabiting partner is a deeply personal and often stressful experience. At Frodshams Solicitors, we offer more than just legal expertise - we offer support delivered with compassion. Our priority is to ensure you feel heard, cared for, and confident in the steps ahead.
At Frodshams Solicitors, we provide:
Personalised support - including safe words and protection if you’re experiencing or at risk of domestic abuse
Guidance every step of the way - regardless of how your case progresses
Expert legal advice - ensuring you fully understand your options and pursue the best possible outcome
Do I need a solicitor when splitting from an unmarried partner?
You don’t always need legal advice when splitting from an unmarried partner, but it can be incredibly helpful, especially if you’re concerned about dividing assets or potential cohabitation disputes. A family law solicitor can provide valuable guidance on any cohabitation dispute and help draw up a separation agreement.
Frequently asked cohabitation dispute questions
We understand that cohabitation disputes can be confusing and emotionally challenging. To help you navigate these situations, we’ve answered some of the most common questions we receive about cohabitation disputes.
Cohabiting partners don’t automatically have occupancy rights in a property unless the court grants them. However, they may have limited rights to stay in the property depending on the arrangement. Evicting a cohabiting partner or ex-partner can be complex, and seeking legal advice is essential to ensure you handle the situation lawfully.
Unmarried couples do not have automatic legal rights to each other’s assets if they separate. If you’ve been living in a property owned by your partner, you won’t automatically be entitled to a share of it. However, if you have a cohabitation agreement in place, it will be legally binding and enforceable in court.
If you can prove you’ve made significant financial contributions - such as paying towards the deposit or the mortgage - you may be able to claim some rights to the property, but you’ll need strong evidence. If you own the property together, you will have greater rights.
You may need to prove you are cohabiting to draw up a legally binding cohabitation agreement. The following can help demonstrate cohabitation:
- Joint leases or mortgage letters
- Letters addressed to both people at the same address
- Joint utility bills, such as water, gas, or electricity
