Cohabiting couples are the fastest-growing family type in the UK, yet they have far fewer legal rights than married couples or civil partners. When a cohabiting relationship breaks down, disputes over property, finances, or living arrangements can quickly become complex and emotionally charged.
Our specialist family law solicitors in Kent support individuals and families across Kent from our offices in Canterbury, Maidstone, Ramsgate and Tenterden. We also have an office in Canary Wharf, London.
Our experienced cohabitation dispute solicitors are here to help you resolve cohabitation disputes with clarity, compassion, and legal precision.
We offer:
Whether you’re facing a dispute or want to prevent one, we’re here to help you resolve the issues and move forward with your life.
Please note that we do not offer a Legal Aid service.
Cohabitation disputes arise when unmarried individuals who live together – whether as romantic partners, friends, or relatives – disagree over shared property, financial contributions, or other responsibilities following a separation. Common issues include:
It is a common misconception that unmarried couples in a relationship have rights as ‘common law’ partners. However, unlike married couples or couples who have entered into a Civil Partnership, cohabitees do not have automatic rights to property or financial support, even after years of living together. That’s why expert legal advice is essential.
Many people are surprised to learn that unmarried couples do not have the same legal rights as married couples or civil partners, regardless of how long they have lived together.
There is no legal status of “common law marriage” in England and Wales. This means that separating cohabitees may not automatically have rights to property, pensions, savings or financial support.
The outcome of a dispute often depends on factors such as:
Our cohabitation dispute solicitors and lawyers provide clear advice on the rights of unmarried couples and help clients understand their legal position before taking steps to resolve a dispute.
Cohabitation disputes often involve children, especially when both partners have played a parental role. We provide empathetic, practical legal advice on:
Our cohabitation dispute solicitors understand that disputes can be particularly emotionally charged where children are involved. Our goal is to prioritise the welfare of your children while protecting your parental rights, and to help you reach agreement with as little stress as possible.
One of the best ways to avoid future disputes is to have a cohabitation agreement in place. This legal document sets out:
If you already have a cohabitation agreement, we can help you enforce its terms or deal with any necessary reviews or amendments. If not, we can advise you on your rights and help you reach a fair resolution.
While cohabitation agreements help couples set out how finances and responsibilities will be managed during a relationship, a declaration of trust focuses specifically on property ownership.
A declaration of trust can record:
Having appropriate legal documents in place can significantly reduce the risk of future disputes.
Our cohabitation solicitors can advise on existing declarations of trust, disputes regarding ownership shares and the role these documents may play if a relationship breaks down.
Our specialist cohabitation lawyers offer a full range of services to help you resolve disputes fairly and efficiently, including:
We tailor our approach to your unique circumstances, always aiming to avoid unnecessary conflict and protect your long-term interests.
Property disputes are often the most contentious issue in cohabitation disputes. You may have:
Our cohabitation solicitors can help you determine the extent of any interest you have in a property whether owned jointly or in one person’s sole name, and advise on your legal options.
There may be occasions when a court will need to be asked to order the sale of a property or to determine each person’s share and, if this is necessary, we can refer you to our Disputes team for further assistance.
A common source of cohabitation disputes arises when one person has contributed financially towards a property but is not named as a legal owner. Examples may include:
In some circumstances, these contributions may create a beneficial interest in the property. However, every case depends on its specific facts and available evidence.
Our specialist cohabitation lawyers can advise whether you may have a potential claim and help you understand the options available through negotiation, mediation, arbitration or court proceedings where necessary.
A declaration of trust is a legal document that records ownership shares in a property. It can help prevent disputes by clearly documenting each person's financial interest.
Potentially. If you have contributed financially to the property or can show evidence of a shared intention regarding ownership, you may be able to bring a claim under trust law.
A properly prepared cohabitation agreement can carry significant legal weight and may help avoid future disputes. Independent legal advice is usually recommended when entering into such an agreement.
Specialist cohabitation dispute solicitors can advise on property ownership, financial contributions, declarations of trust, cohabitation agreements, negotiation, mediation and court proceedings where necessary.
If you are involved in a property dispute, separation dispute or disagreement regarding financial contributions, our experienced cohabitation dispute lawyers can help you understand your options and protect your interests. Contact our Kent family law team today to arrange an initial consultation.
