I want to leave the partner I live with. What should I do?
Finding yourself in this position when you share a home together, and without any written agreements already in place, can make you feel extremely vulnerable.
This is because, as it stands, if you live together but are not married or in a civil partnership, you have no automatic rights to each other’s wealth, property or assets no matter how long you have been together.
Not surprisingly, as the number of couples who choose to live together in England and Wales continues to rise, from 19.7% in 2012 to 22.7% in 2022, calls for long overdue reform are growing.
Labour MP Emily Thornberry is among the most recent to add her voice to the campaign, pledging her party’s commitment to strengthening cohabitation law if it wins the next general election.
She says: “The institution of marriage will always play a crucial part in our national way of life, but we do not believe that marriage is made any more special by denying important rights to other people who choose not to get married.”
My relationship is over. Is it too late for a separation agreement?
Definitely not and this can be a good way to outline what you both want to happen going forward thus creating some clarity and certainty.
Solicitors Chloe King and Rebecca Max specialise in separation agreements and the division of assets after a cohabiting relationship ends.
A separation agreement is particularly important if you own joint assets and even if you think you have amicably agreed how it’s all to be shared out.
It can outline what is to happen in relation to property, bank accounts, debts and even pets.
It can also cover timeframes for selling a property, how the sale proceeds will be divided and who will be responsible for the mortgage and outgoings in the meantime.
If one or other of you then fails to stick to the agreement, there is clear written evidence of what you agreed which a court can consider if that becomes necessary.
What can I do if we can’t agree on anything, especially the house?
Until cohabitation reform actually happens, couples who have lived together but then split up have limited rights on separation.
Taking legal advice is vital. Complicated areas of the law – such as the Trust of Land and Appointment of Trustees Act (TOLATA) which gives courts certain powers to resolve disputes between unmarried parties who have bought property together – are not easy to navigate.
This is an area that Chloe King and Rebecca Max specialise in.
How can a written agreement help avoid costly and stressful cohabitation disputes in the first place?
A properly drawn cohabitation agreement can go a long way towards protecting you.
It’s an uncomplicated legally enforceable document, setting out arrangements for finances and property while you are together and if you split up. This ensures you both know where you stand.
We always advise that couples consider drawing one up at the outset in a bid to avoid a potential dispute later.
You might also want to consider:
- A declaration of trust.
- A new or updated Will.
Get in touch.
Wards Solicitors is recommended in the Independent Legal 500 guide for 2024 for its outstanding professional service standards and high levels of expertise amongst its lawyers.
We are experts in the Trusts of Land and Appointment of Trustees Act (TOLATA) which gives courts certain powers to resolve property disputes between any parties who have bought property together, such as unmarried couples, family members and friends.
Our cohabitation disputes experts, Chloe King and Rebecca Max can help with any issues surrounding property ownership, always making every effort to try to resolve the situation through negotiation and mediation to avoid going to court if possible.
They specialise in separation agreements and the division of assets after a cohabiting relationship ends.
Please contact Chloe or Rebecca for more information, or to talk through your options and to arrange a free, no obligation 30-minute initial appointment.
Email Chloe: chloe.king@wards.uk.com
Phone Chloe: 0117 929 2811
Email Rebecca: rebecca.max@wards.uk.com
Phone Rebecca: 01454 204880