The following Family guidance note provides comprehensive and up to date legal information covering:
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial interests are therefore determined in accordance with the law of trusts. There are two main ways in which cohabitants may have an interest in property: as a joint owner or, where the property is in the sole ownership of the other cohabitant, under a trust, whether express or otherwise. The primary legislation under which such issues are determined is the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). This Practice Note sets out the basis on which a cohabitant or former cohabitant may make a claim in relation to property under TOLATA 1996, whether as a joint owner or where their former cohabitant is the sole owner of the property. It also details different types of joint ownership and the consequences, together with factors that may be taken into account by the court on an application under TOLATA 1996 and orders that may be made by the court.
It is essential that a conveyancer who is instructed in relation to the purchase of a property by an unmarried couple explains the differences between the ways in which property may be held, and the advantages and disadvantages of each. To fail to do so is negligent.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.