Cohabiting couples are partners who live together but are not married or part of a Civil Partnership. Cohabitation disputes can also arise between friends who live or own property together or even family members.

It is becoming increasingly common due to the housing market that many people are purchasing properties with friends, partners or family members. A dispute can occur when property owners have not agreed what is to happen if they no longer all live at the property and even where there is an express declaration of trust setting out who owns what share in the property.

We are able to advise you at any stage of your dispute and will provide advice tailored to your individual circumstances. No two cases are the same and the advice you will require is as individual as you are.

When disputes arise

Most disputes arise over the ownership of the home of the cohabitees upon the ending of the relationship. One party may remain in occupation and does not wish to sell sometimes because they will not be able to afford a property of their own if the property is sold and sometimes because they simply do not want to engage in the process of selling the property. There can be legitimate reasons why the property should not be sold and we can help identify these.

The courts do not recognise a “common law Husband and Wife” and this will affect how property owned by one or both is dealt with when one party wants to move on or assert a right over the property whether it is owned by one party or in joint names.

There are basic principles that that will assist in how the dispute is resolved and these claims are brought under the Trusts of land and Appointment of Trustees Act 1996. The remedy most often sought is an order for sale and an unequal distribution of the proceeds of sale based on unequal payments towards the purchase price or mortgage payments after separation.

We regularly act for parties involved in a cohabitation dispute in sole and joint name cases and have achieved outcomes which have included:

• a claim by a cohabite who successfully claimed a half share in the former home based on her mortgage contributions.

• an order for sale in a joint name case.

• an order for possession and subsequent sale of the jointly owned house against the party remaining in occupation and failing to pay the mortgage with an unequal distribution of the proceeds of sale to reflect the mortgage payments that has been made by party out of possession but making the mortgage to protect his credit rating.

• an order for possession of the former home of the couple against the remaining owner who had then married and shared occupation with his new wife and her children.

• an order for repayment and subsequent successful collection of £17,000 of mortgage arrears accrued by the owner remaining in the property.

• an order for sale between siblings after the death of their parents where the other sibling lived in the home with his parents but ignored the terms of the wills of both parents to sell the property.

It will often be a troubling time to lose someone but even more so if you were reliant on that person for financial support; whether that be on an ongoing basis or in respect of your future needs.

You could be eligible to make an Inheritance Act claim for reasonable provision from the deceased’s estate if they died intestate, have not left you anything in their Will or if you consider that the provision for you in their will is insufficient to meet your needs and you were:

• the spouse/civil partner of the deceased;

• the former spouse/civil partner of the deceased who has not remarried or entered into a further civil partnership;

• living with the deceased for at least two years prior to their death;

• the deceased’s child (which includes an adult child);

• treated as the deceased’s ‘child’ (for example, but not necessarily, adopted, fostered or a step-child); or

• being “maintained” by the deceased.

The Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’) allows the court to make financial provision for those who:

• have not inherited as a result of intestacy (where there is no will);

• have been left out of a will entirely; or,

• have not been left as much as they need.

In a case where reasonable financial provision has not been made, the Inheritance Act enables the court to vary the distribution of the deceased’s estate for certain family members and dependants.

The Inheritance Act 1975 does not require the merits of the claimant's case to be considered. The crucial question is whether or not, looked at objectively, the will (or the intestacy) failed to make “reasonable financial provision” for the claimant in all the circumstances of the case.

An objective assessment of financial provision is required and, having carried out this assessment, what provision to make, where reasonable financial provision has not been made.

Spouse or civil partners are entitled to such financial provision as is reasonable in all the circumstances, ‘whether or not that provision is required for his or her maintenance’.

There is a strict time limit in which to bring a claim of 6 months from the date of grant of representation.

The type of awards that the court can make include the redistribution of assets within the estate provision for educations costs and lump sum payments.

Our experienced team of litigators act in claims against professionals if things go do not go according to plan.

We have expertise in high value and complex claims on behalf of claimants for negligence, breach of contract, misrepresentation and fraud against the all different types of professions including:

• Solicitors

• Accountants/Tax advisers

• Financial Advisors

• Architects

• Surveyors

• Builders (and other construction and engineering professionals including warranty claims)

We seek to establish liability at an early stage where at all possible and to negotiate a settlement, meaning a swift conclusion to your claim. Professionals usually have indemnity insurance and, often, we will deal with their insurers or insurer’s solicitors which helps in resolving claims at an early stage.

Where it is not possible to reach a settlement, we have the expertise in issuing proceedings in Court and to see the matter through to its final outcome as necessary.

Such claims are often governed by a strict time limit so it is important to seek advice as soon as possible if you believe that you have a claim.

• possession and rent recovery, including section 8 and section 21 notices

• rent deposit disputes

• deposit payments

• unlawful eviction

• Leasehold enfranchisement

• lease extensions under the Leasehold Reform Housing and Urban Development Act 1993 as well as voluntary extensions

• neighbour disputes

• boundary disputes

• disputes concerning legal and beneficial interests in property (including under Trusts of Land and Appointment of Trustees Act 1996 ‘TLATA’)