Unmarried Couples & Property Disputes Solicitors

Living together does not give you the same legal rights as marriage or a civil partnership.

Many people are surprised to discover that there is no such thing as a "common law marriage" in England and Wales. When an unmarried couple separates, disputes can arise about who owns a property, how much each person is entitled to receive, and whether the property should be sold.

A claim under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) allows the court to decide these issues.

At Bell Lamb & Joynson, we advise people who are trying to protect their interest in a property, challenge a claim, or understand where they stand before taking the next step.

When a TLATA claim might be needed

You may be considering legal action if you disagree about:

• who owns the property;
• how the sale proceeds should be divided;
• whether the property should be sold;
• who should continue living there;
• financial contributions that have been made;
• promises or agreements made during the relationship.

Although TLATA claims often involve unmarried couples, they can also arise between relatives, friends and other joint owners.

How the court decides ownership

Every case turns on its own facts.

The court will consider matters such as:

• the legal ownership of the property;
• mortgage payments and other financial contributions;
• conversations and agreements between the parties;
• evidence showing the intentions of those involved;
• any declaration of trust.

In some circumstances, the court may also consider whether a constructive trust or proprietary estoppel has arisen.

Can I make a claim if my name is not on the deeds?

Possibly.

Being left off the title deeds does not automatically mean that you have no interest in the property.

The court may recognise your interest if you:

• contributed towards the purchase price or mortgage payments;
• paid for substantial improvements to the property;
• relied on promises that you would have a share in the home;
• can show that there was a common intention that the property would belong to both of you.

Can the court order the sale of a property?

Yes.

Under TLATA, the court can decide:

• whether a property should be sold;
• when a sale should take place;
• who can continue living there;
• how the proceeds should be divided.

The court will consider the circumstances of everyone involved before reaching a decision.

What happens if children are involved?

Children can add another layer of complexity to a case.

Depending on the circumstances, applications made under Schedule 1 of the Children Act 1989 may also need to be considered. This can affect decisions about housing arrangements and the timing of any sale.

Resolving disputes without going to court

Court proceedings are not always necessary.

Many disputes are resolved through:

• negotiation between solicitors;
• mediation;
• early neutral evaluation;
• settlement agreements.

Reaching an agreement early can save both time and expense.

How Bell Lamb & Joynson can help

Property disputes following the breakdown of a relationship can be difficult. They are rarely just about bricks and mortar.

Our team can help you understand your position, gather the evidence needed to support your case and explore the options available to you. If an agreement cannot be reached, we can represent you throughout the court process.

Whether you are bringing a claim or responding to one, we will help you understand where you stand and what happens next.

Frequently asked questions