Unmarried couples that live together is the fastest growing household type in the UK. However, it may be surprising to learn that those in this situation have very little legal rights and could find themselves embroiled in a messy dispute if the relationship comes to an end.
The breakdown of a relationship is a stressful and emotionally charged time, but it can be made complex where the couple cannot agree on what should happen to the property.
The easiest option is often to sell up, split the property and part ways – but life isn’t always as straightforward!
Our Family & Dispute Resolution Teams take a look at the considerations and outcomes for unmarried couples parting ways when a property is in dispute…
Disagreement on a House Sale
Depending on how the property is owned and whose names are on the property deeds, it can be tricky to navigate the sale of a home if one party doesn’t agree to it. This can happen when one party wants to remain living in the house, cannot afford to have a mortgage on their own or buy the other party out.
Matters are made more complicated when there are children living in the property as their best interests and welfare must be a priority in any decisions made about the property.
When a couple is not married TOLATA rules apply. TOLATA or ‘Trusts of Land and Appointment of Trustees Act 1996’ enables the court to determine the extent of each person’s interest in the property and how it should be dealt with.
It is possible to force the sale of a property if an ex-partner is being difficult. This is done by applying to the court for an ‘order of sale’ whereby the courts will review the case and make a decision on if the property sale can be ordered and on what terms. I.e., they may order the sale of the property but suspend the sale for a time period, to allow finances to be arrange or children to reach a certain age. The courts decisions will be based on the welfare of children and the interests of mortgage lenders or other beneficiaries.
Both names that are on the mortgage will be responsible for keeping up with the mortgage repayments, so it is important that an agreement is reached quickly and peacefully to avoid any issues with falling behind on the mortgage payments.
Separated Couples in Rented Property
A separating couple that are in a rented property will need to liaise with their landlord to find a way forward. This could mean giving notice and exiting your tenancy agreement early, or it may mean changing your agreement and one person continuing the tenancy on their own (if they can afford to do so and it is agreed by the landlord).
If you are in a fixed term tenancy agreement, then you could be in breach of your terms by ending the tenancy early, so it is important to read your paperwork and understand your position.
It is important to know that both parties named on the tenancy will be liable for the rental payments, so if you have reached an agreement for one person to leave, then names should be removed to avoid any risk.
Reaching Agreement
It is always advised to exhaust all avenues of resolving the dispute between yourselves before involving a Solicitor or taking Court action, however separated couples will often find it difficult to reach mutual ground.
If you find yourself unable to agree, then you could use the professional services of a Solicitor to help you to understand your legal rights and responsibilities, help with mediating the discussions, pre-action negotiations, letters before claims, preliminary hearings and court appearances.
For more information or help resolving a property dispute, then please call the friendly and forward-thinking team at Lamb Brooks. Call 01256 844888, email enquiries@lambbrooks.com or speak to our chat assistant on our website – who is available 24/7.
Avoiding Property Disputes
“Hindsight is a wonderful thing, but foresight is better” are the words of English Poet, William Blake and they ring true in many legal situations.
The best way to avoid a dispute over property is to have an agreement in place ahead of time when purchasing the property or moving in together. The best analogy for this is to compare it with mobile phone insurance. It is tempting to save a few pounds on the insurance policy, and most of the time, you won’t need to make a claim, but it is nice to know that insurance is there so that if you broke or lost your phone it could be replaced and sorted out quite quickly and easily without any qualms.
For couples buying a property together or moving into a property already owned by one party, protection could be put in place in the form of a cohabitation agreement, a declaration of trust or stipulated in how you legally own the property on the title deeds.
This sets out how the property would be split, shared or dealt with in the even of the relationship breaking down. It can also detail if one party should benefit from a higher share on the property, perhaps where one person has put down the deposit, build equity or paid more of the mortgage.
Of course, nobody wants to be thinking about the relationship ending when they move in together, but it is sensible to have an agreement in place which gives both sides peace of mind and clarity. It could avoid a lot of distress and legal fees later down the line.
Getting Legal Advice on Your Property Dispute
Whether you are looking to put protection in place or are already tangled in a property dispute with an ex-partner, then please get in touch to see if we can help you find a way forward.
Call our office on 01256 844888, email enquiries@lambbrooks.com or submit an online enquiry where you can leave initial details and someone will be promptly assigned to arrange a call back.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.