When a relationship ends but property remains

Resolving a dispute under TLATA

When a relationship between unmarried cohabitees is coming to an end, one of the key questions people ask is ‘What am I actually entitled to?’ The answer often comes as an unwelcome surprise. Unlike married couples or civil partners, cohabiting partners have no automatic right to a share in property owned by their partner.

Many people assume that after years of cohabitation, possibly raising children together, and contributing towards a family home, they will have some legal protection similar to marriage. Unfortunately, that is not the case.

If you are not married and have separated, or are contemplating separation from your partner, you may be wondering what happens to your home? Do you have a share in the value of the property, and can you recover any money you have invested in it? You may also wonder if the property can be sold. The answer will depend on factors such as legal ownership, any cohabitation agreement between you, and whether you can establish a beneficial interest in the property.

People often assume that living together creates legal protection, but that is not the case. The law can feel very technical in this area, but with clear advice and a focused approach, it is usually possible to reach a sensible outcome.

A common situation involves a couple who have lived together for several years in a property that may be in joint names, or sometimes in the sole name of one partner. One partner may have contributed more to the deposit, while the other has paid household expenses or taken on childcare responsibilities. When the relationship breaks down, disagreements quickly arise about ownership, occupation, and whether the property should be sold.

The Trusts of Land and Appointment of Trustees Act 1996 (TLATA)

Clients frequently ask whether their contributions give them a legal interest in the property, whether they can remain living in the home, or whether the other partner can insist on a sale. These are exactly the types of issues that arise in a TLATA claim, and the answers depend on the legal and factual background of each case.

TLATA is the key legislation used to resolve disputes concerning property ownership and occupation between individuals who are not married or in a civil partnership. In practical terms, TLATA enables the court to determine who has an interest in a property and what should happen to it. The court can declare the extent of each person’s beneficial share, decide whether a property should be sold, and determine how the proceeds of sale should be divided.

In a TLATA case, the court’s role is to identify the parties’ legal rights based on evidence such as financial contributions, agreements, and shared intentions. Unlike the family courts, it does not set out to achieve an outcome that feels ‘fair’ in the broader sense.

This means that cases involving property disputes between unmarried couples can sometimes produce outcomes that differ significantly from what might happen on divorce.

Key documents

It is important to review at the outset the following documents:

• the title deeds to the property;
• a declaration of trust.  This is one of the most effective tools available for anyone purchasing property with a partner, as this document records the parties’ respective ownership shares from the outset and can provide clarity and certainty in the event of a future dispute; and
• a cohabitation agreement should set out how finances will be managed during the relationship and what should happen if it comes to an end;

In the absence of formal agreements, you will need to gather any records of financial contributions, including payments towards the deposit, mortgage and any improvements to the property. If the bank of Mum and Dad have helped pay for any aspect of the property, documentary evidence of this is important. This type of evidence can be critical in establishing a claim.

Frequently asked questions in a cohabitation property dispute

Do I have any ‘common law’ rights if we are not married?

Many people search online for ‘common law marriage rights UK’ but the reality is that no such legal status exists in England and Wales.

Living together, even for many years and even where children are involved, does not automatically give one partner a legal right to the other person’s property. However, this does not mean that a claim is impossible. A person may still be able to establish a beneficial interest if they can show that they contributed financially to the property, for example by paying towards the deposit or mortgage, or if there was a shared understanding that the property would be owned jointly. The outcome in these cases depends heavily on the available evidence, which is why early legal advice is so important.

Can my former partner force the sale of a property?

A frequent concern is whether one party can insist that a jointly owned or shared home is sold. In many cases, the answer is ‘yes’. Under TLATA, a person who has a legal or beneficial interest in a property can apply to the court for an order for sale.

The court will consider a range of factors when deciding whether to order a sale. These include the original purpose of the property, whether that purpose has come to an end following the breakdown of the relationship, the welfare of any children living in the property, and any financial pressures such as mortgage liabilities.

The welfare of any children occupying the property, can influence the timing of a sale. In practical terms, this can mean that the sale of a property is postponed to provide stability for children.

Will the court take into account that I cared for the children instead of earning and paying towards the mortgage?

It is important to be aware that the law does not automatically treat childcare as creating a financial share in the property. Unlike divorce proceedings, where the court has broader discretion, TLATA cases focus on legal rights arising from contributions and agreements.

What happens if only one of us paid the deposit?

The issue of who paid the deposit is often central to disputes about ownership. A significant financial contribution at the outset can be strong evidence of a beneficial interest. However, the court does not look at the deposit in isolation. It will consider the entire course of dealings between the parties, including mortgage payments, contributions to renovations, and how finances were managed during the relationship.

Alternatives to court

Many clients are understandably concerned about the cost and duration of court proceedings. TLATA claims can be complex and are governed by the Civil Procedure Rules, meaning that litigation can be both time-consuming and expensive.

For these reasons, issuing court proceedings is usually considered a last resort rather than the first step. In practice, many disputes can be resolved more efficiently through alternative methods. Solicitor-led negotiation is often the most straightforward approach, allowing both parties to explore a practical solution based on a realistic assessment of their legal positions. Mediation can also be highly effective, particularly where communication has broken down, as it provides a structured yet flexible environment in which to reach agreement.

Taking early advice from a solicitor experienced in TLATA claims and cohabitation disputes can make a significant difference. A clear understanding of the strengths and weaknesses of a case often encourages constructive discussions and reduces the likelihood of matters escalating unnecessarily.

How we can help

Obtaining advice before a dispute becomes entrenched often reduces legal costs and increases the likelihood of settlement. In many cases, early solicitor involvement prevents expensive litigation.

The Trusts of Land and Appointment of Trustees Act 1996 provides the framework for resolving these disputes, but the outcome will depend on a careful analysis of ownership, contributions and the intentions of the parties.  We understand that these cases are not just about legal principles, but about people’s homes, finances and future stability. Our approach is to provide clear and practical advice, to explore resolution wherever possible, and to protect our clients’ positions where formal proceedings are required.

Contact us to arrange a confidential initial discussion and take the first step towards resolving your dispute. For further information, please contact a legal adviser in our Family Law team.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.