Clients are often surprised to learn that they do not have the same or similar protections to married couples, many still believing in the myth of “common law marriage”.
Disputes as to the ownership of property are governed by the Trusts of Land and Appointment of Trustees Act 1996 and the Law of Property Act 1925. If there are children involved it is open to a parent to make an application under Schedule 1 of the Children Act 1989 for lump sums, settlements or transfer of property orders. This can be a very complex area of law and legal advice is always advisable.
To avoid complex disputes, unmarried couples should consider a cohabitation agreement at the outset of their relationship to set out each other’s property and their intentions regarding property ownership and finances. There is more detail on cohabitation agreements under our separate section regarding cohabitation.