Cohabitation Agreement Solicitors
If you are living with a partner outside of marriage and want to protect your financial position, or if your relationship has ended and there is a dispute over property or other assets, our Family Law Solicitors can advise and represent you.
There is a widespread belief that couples who live together acquire legal rights similar to those of married couples after a certain period. However, this is not the law in England and Wales. Unmarried cohabiting partners do not have an automatic right to a share of each other’s property, income, or pension on separation. Without a cohabitation agreement or other legal documentation, the financial consequences of a relationship breakdown can be severe. We have advised many people who have been left homeless or without access to bank accounts, vehicles, or other assets due to a relationship breakup. We know how stressful these situations are and do everything possible to restore calm and protect our clients’ best interests.
Law Lane Solicitors was founded in 2015 and operates from offices in Stratford, High Holborn, and Croydon. We hold a Family Law accreditation from the Law Society. This illustrates our Family Law Solicitors’ skill, legal knowledge, and determination to achieve the best results possible. We have advised and represented clients in cohabitation property disputes, TOLATA claims, and Schedule 1 financial provision applications on behalf of children.
We are one of the very few law firms in England and Wales with solicitors, solicitor-advocates, and barristers all working in-house. Whether you need advice on a cohabitation agreement, legal help with a property dispute, or representation in proceedings, we can handle your matter from start to finish without referring you elsewhere. Our Trustpilot rating of 4.95 from over 1,200 client reviews reflects the care and quality we bring to every case.
Our Cohabitation Agreement Legal Services
We advise and act on the full range of cohabitation matters, including:
- Cohabitation agreements, setting out how property and other assets will be owned and what will happen to them if the relationship ends.
- Declarations of trust, recording the respective shares in which a property is owned where those shares differ from how the legal title is held.
- Advice on the legal position of cohabiting partners who have contributed to a property held solely in their partner’s name, including trust claims.
- Property dispute claims following separation, including claims based on beneficial ownership, constructive trust, resulting trust, and proprietary estoppel.
- Occupation of the shared home on separation, including advice on rights of occupation and, where necessary, occupation order applications.
- Financial provision applications on behalf of children under Schedule 1 of the Children Act 1989, where the parents are unmarried.
- Advice on the financial implications of cohabitation for both parties, including the different treatment of cohabiting partners compared with married spouses.
- Joint ownership disputes, including applications for the sale or division of a jointly owned property where the parties cannot agree.
- Cohabitation agreement reviews, advising whether an existing agreement remains fit for purpose following a change in circumstances.
- Urgent applications to protect assets or occupation rights where there is an immediate risk of loss or exclusion.
Why Choose Law Lane for Cohabitation Matters?
Cohabitation disputes require a solicitor who understands both property law and family law. The claims available to unmarried partners on separation fall outside the financial remedy jurisdiction that applies on divorce and require arguments based on trust principles and the law of equity.
Clients often come to us saying they have lived with their partner for many years, helped pay the mortgage, and contributed to the decoration and upkeep of the home. However, the property is in their partner’s name and they have separated. We may be able to make a claim under the Trusts of Land and Appointment of Trustees Act 1996, usually shortened to TOLATA. This requires detailed evidence of a shared intention, reliance, and detriment. We know how to build those cases and how to present them to give our clients the best chance of a successful claim.
Get in Touch
Our cohabitation law team is ready to advise you today. Whether you need an agreement, advice on a dispute, or representation in proceedings, we are here to help. Please phone 020 7870 4870 or email info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
Got any questions?
* Required
"*" indicates required fields
“I am incredibly grateful for the support and guidance I received from Oriola Uka. She is truly and exceptional solicitor extremely professional, patient, and dedicated to my. Oriola always explained everything clearly, made me feel supported throughout the whole process and handled my case with great care and attention. Her communication was excellent and she was always there to answer my questions, no matter how small. Thanks to her hard work and commitment I felt safe, understand and confident during a very difficult time in my life. I highly recommend Oriola Uka to anyone who needs a compassionate and highly skilled professional by their side. She is truly one of the best. Thank you so much Oriola for everything you have done for me.” – EL – Trustpilot Review
Frequently Asked Questions – Cohabitation Agreements
Do cohabiting partners have the same rights as married couples?
No, cohabiting partners in England and Wales do not have the same legal rights as married couples or civil partners. On separation, there is no equivalent of the financial remedy jurisdiction that applies on divorce, which means one partner cannot simply apply to the court for a share of the other’s assets based on need or contribution to the relationship. Claims for cohabiting partners are based on property law principles, which are considerably more limited.
What is a cohabitation agreement and what does it cover?
A cohabitation agreement is a legal document that records how a couple owns their property and other assets, and what will happen to them if the relationship ends. It can cover the family home, savings, personal belongings, and financial contributions such as mortgage payments or home improvements.
Can I claim a share of a property if it is in my partner's name?
Yes, in some circumstances a court can find that you have a beneficial interest in a property held solely in your partner’s name, even though you are not registered as a legal owner. This most commonly arises where there was a shared intention that you would have a share and you relied on that intention to your financial detriment: for example, by contributing to the mortgage, paying for improvements, or giving up other financial opportunities. These claims are brought under the Trusts of Land and Appointment of Trustees Act 1996.
What happens to the family home when cohabiting couples separate?
If both parties own the property jointly, it can be sold or transferred by agreement or, if agreement cannot be reached, by court order. If the property is in one party’s name alone, the other has no automatic right to a share, but may have a claim based on beneficial ownership principles. Where children are involved, it may be possible to apply to the court to extend the occupying parent’s right to remain in the home until the children are older.
Can an unmarried parent apply for financial support from the other parent?
Yes, a parent can apply on behalf of a child for financial provision from the other parent regardless of whether the parents were ever married, under Schedule 1 of the Children Act 1989. The application can cover a capital sum, property transfer, maintenance, and other provision for the benefit of the child. The financial position of the paying parent is relevant to what can be ordered, and specialist advice is important in cases where that parent has substantial assets.
What is a declaration of trust and when do I need one?
A declaration of trust is a legal document that records the shares in which a property is beneficially owned. It is most commonly used where two people buy a property together but in unequal shares, or where one party contributes more to the purchase or renovation and wants that contribution formally recognised. Without a declaration of trust, the default position is that joint owners hold the property in equal shares, which may not reflect what was intended.
Is a cohabitation agreement legally binding?
A cohabitation agreement is a contract and, like any contract, will be binding if it meets the basic requirements of contract law. To be effective it should be in writing, signed by both parties, and supported by independent legal advice for each of them. Courts will generally uphold a clear, properly prepared agreement but may be less willing to do so when one party signed without understanding what they were agreeing to or under any form of pressure.
How much does an initial consultation cost?
We offer an initial consultation at a fixed fee. During that meeting we will assess your situation, explain the legal position clearly, advise on whether an agreement or a claim is the right course of action, and give you realistic costs estimate for the steps involved. Please contact us to arrange a time.
Cohabitation Agreement Team
Ghulam Mustafa
Barrister, Deputy Managing Director, Non-Practising Solicitor AdvocateView Profile | ContactBook Appointment
Sarah Akram
Supervising SolicitorView Profile | ContactBook Appointment
Manpreet Kaur
Trainee SolicitorView Profile | ContactBook Appointment
Shahid Hussain
Legal ConsultantView Profile | ContactBook Appointment
Accreditations & Memberships
