Disputes Between Unmarried Partners
Unmarried partners often have exactly the same problems as married couples who are separating; they may have assets to divide, property to deal with and children to make arrangements for.
Unfortunately, unmarried partners do not have the same recourse in the law as married couples. There is no such thing in English law as a "common law wife (or husband)".
Resolution of these disputes will involve resort to various remedies including:
- Assessment of property rights and application of the law of trusts. This may apply even if one party’s name is not on the title;
- An understanding of the court’s powers as contained in the Trusts of Land and Appointment of Trustees Act;
- Where there are children, the court also has the power to make ‘financial provision’ under powers contained in the Children Act; and
- Consideration of company law where businesses are involved.
Resolving property disputes based on non-marital relationships can be expensive and time-consuming, and we therefore advise that if two people decide to live together they should consider their financial arrangement and draw up a Declaration of Trust or Cohabitation Agreement. This is a simple document that can set out in legal terms the percentage shares in the property, and can also make it clear who is responsible for paying the mortgage, insurance, improvements, bills etc, and what should happen if one of the owners wants to sell their share in the property.
