Crestview Solicitors

Cohabitation

Unmarried couples do not have the same legal rights as married couples. We help cohabiting partners protect their interests in property, finances, and children.

Key Considerations

  • There is no such thing as a common law spouse — cohabitants have limited legal rights
  • Property disputes between cohabitants are governed by trust law, not matrimonial law
  • TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claims can establish a beneficial interest
  • A cohabitation agreement sets out each partner's rights and responsibilities
  • Child maintenance and arrangements apply equally to unmarried parents

What to Expect

1

Property Assessment

We assess your contributions to the property and advise on the strength of a beneficial interest claim.

2

Negotiation

We negotiate with the other party to reach an agreed resolution without court proceedings where possible.

3

TOLATA Claim

If agreement cannot be reached, we issue a TOLATA claim in the County Court or High Court.

4

Cohabitation Agreement

For couples moving in together, we draft a cohabitation agreement to protect both parties from the outset.

How Crest View Solicitors Can Help

Property Disputes

We advise on and litigate TOLATA claims to establish and enforce your beneficial interest in property.

Cohabitation Agreements

We draft bespoke cohabitation agreements that clearly set out ownership, contributions, and exit arrangements.

Separation Advice

On separation, we advise on your rights to the family home, joint assets, and financial support for children.

Speak to a Family Law Solicitor

Our family law team offers sensitive, practical advice. Book a consultation to discuss your situation in confidence.

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