One way to avoid a distressing situation like the one mentioned above is to have a Cohabitation Agreement drawn up. This can set out how your property and assets will be divided if you separate, including thigs like the family home and pensions. It can also state who is responsible for paying certain bills such as the mortgage and utilities.

Provided you and your partner have been transparent about your finances and the document has been executed correctly, a Cohabitation Agreement is legally binding. This is because it a formal contract between the two of you and unlike a Pre-or Post-Nuptial Agreement, there is no legislation such as section 25 of the Matrimonial Causes Act 1973 to override the agreement.

Because a Cohabitation Agreement is legally binding, it is crucial to seek independent legal advice when drafting the document and before signing it. Things can change in a long-term relationship, especially if you have children in the future. What may seem fair and reasonable when you first move in together may leave one of you in financial distress in later years.

If you and your partner separate and only one of your names appear on the legal title of your family home, one partner could find themselves homeless with no recourse to the property they may have put money into in terms of renovations and mortgage payments. If this has happened to you, you can make a claim under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) to request that the Court make a decision regarding that property.

Under ToLATA, the Court will have the power to make a decision (as it sees fit) on:

• Who owns the property, and how this is shared.
• Whether the property or land should be sold.
• Who should remain in the property following separation.
• Whether parents or grandparents should be able to regain their financial interest in a property (if they lent you money for the deposit).

A ToLATA claim in a cohabitation dispute typically involves the Court being asked to decide if one partner has an interest in the property by way of constructive trust. This is a complex area of law. You can be confident our Family Law Solicitors can give you the legal advice and representation you need to give you the best chance of succeeding in a ToLATA claim.

Let us advise and represent you on your family law matter. You can trust that we will always be on your side, protecting your best interests.

Contact us on 0333 123 1331 or fill in our contact form and we will get back to you as quickly as possible.