Unmarried Partner Property Disputes

If you own a property with a partner and are not married, resolving the property ownership can become very complex if your relationship breaks down and you do not have a formal agreement (cohabitation agreement), in place.

What happens if you are unmarried and own a property together, and your relationship ends?

If the property is in your joint names, even if you have made little contribution to its purchase or the mortgage or maintenance, you will be entitled to a half share.

If you are not the legal or beneficial owner of the property, that is you are not mentioned on the deeds or the mortgage or in any trust document but have been promised a share of the property by your partner (especially if this is in writing) then you would be entitled to at least the amount your partner promised you providing there is evidence of this agreement.

Financial Contribution

If you have contributed to the purchase of the property or the mortgage or maintenance or there is evidence of a direct financial contribution you may have a claim especially if you have done something to your detriment, that is if you have acted in a way that has imposed a burden upon you, for example, carrying out major works at the property or paid substantial bills or mortgage payments.

Children under 18

If you are parents of children under the age of 18 who are living in the property, and there is no alternative accommodation and you have decided to separate, it may be that one parent and the child or children may be permitted to occupy the property until the children are adults. In these special circumstances the other parent could be excluded from his, or her, own property.

Case Study

Read our Case Study about a property which a couple jointly occupied but was registered in the name of just one of them - UNMARRIED COUPLES AND PROPERTY DISPUTES

How we can help

This can be a complex area of law, so please get in touch with the family law team for advice.

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Neves recently undertook our conveyancing and did an excellent job; the communication from Charlene Shillingford and her team throughout the whole process was top notch - I don’t recall being kept so up to date during the selling and buying of a house before. Queries were handled quickly and with the minimum of fuss, even when ‘the other side’ were being ‘difficult’. I’ve no reservation in recommending Neves. My heartfelt thanks to Charlene and the conveyancing team for their diligence and care during what can be a fraught time.

From Gareth Davies a month ago.

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Beth Woodward, I wanted to say thank you for supporting me on my recent divorce. Faced with one of the most aggressive and unpleasant legal firms in London, you led me through both the family and financial divorce courts and more than achieved every one of my goals for the divorce. Most importantly, I have equal time parenting with my two girls and a really fair settlement so I can support them financially, both not even remotely offered by the other side. You listened and supported me when I really went for it, kept me sane through the FDR and court visits and also gave me the tough messages when I need to hear it. Thank you, I can’t quite explain how we did it, but we did 😊 😊 😊 😊

From Chris a month ago.

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Emily has supported me through a divorce with excellent advice and guidance at every stage. All issues and options were explained clearly and fully. Possible outcomes were fully outlined to me throughout the process. Emily's professionalism has been of the highest standard. The kind and understanding manner in which Emily has supported me at all stages of the process is something that I am extremely grateful for. I literally felt the pressure shift from my shoulders. This is why I give 5 stars for the assistance I received.

From L L 3 months ago.

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I left this review for a few months as I wanted to let everything settle down and get my own head space back. On behalf of myself and my family, I just wanted to express our heart felt thanks to Beth for navigating us through a difficult divorce and parenting matters. Perhaps a little unconventional because as a dad, my teenage daughter wanted to remain living with me and yet I was also the main earner. We trusted Beth to give us timely, clear and succinct advice, help challenge tactics from the other side and understand the needs of my daughter whilst protecting my independent assets. We are so pleased with the outcome of the issues and all of the initial objectives were met. Beth, the whole of my family (children and grandchildren too) cannot thank you and your team enough. We have our home and family life back, fun and normality have resumed and a lunatic puppy is in place to help us heal and grow. Having trust in professional people is crucial at such a difficult time in life, and feeling that you have a solicitor of such high calibre took some pressure away when it was hard to deal with everything else. There were times that I felt Beth carried me through the process and times where I almost asked you to make decisions for me. It is a messy process, people get hurt and tears flow but thank you for your professionalism and understanding.

From J S 4 months ago.

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Neves were fantastic with my shared ownership purchase. What I particularly liked is their attention to detail ensuring my interests were protected, sound and trustworthy advice. Thank you to Charlene and Jackie who provided exceptional service. I have already recommended Neves to my friends and family.

From A Mat 5 months ago.