Property Disputes for Unmarried Couples
When an unmarried couple separates, questions about a home, investment property or other land can be difficult to resolve. NLS can help you understand the issues, consider the available options and prepare for the next steps. Please note that we do not offer legal aid for private divorce and financial matters.
Get clarity on the property interests and options that may affect your future.
Shabana Sultana
Property dispute advice for unmarried couples
A relationship breakdown can bring uncertainty about who owns a property, who can remain living there, whether it should be sold and how any proceeds should be shared. These questions can be particularly important where a couple has made different financial contributions, owns more than one property or has made significant investment in a home.
The legal position for unmarried couples is different from the financial arrangements that apply on divorce or dissolution. Property disputes between cohabiting partners are generally based on ownership and trust law principles, rather than the wider financial framework available to married couples and civil partners.
NLS provides clear advice, careful representation and practical support. We can help you identify the questions that need to be addressed and understand the options that may be relevant to your circumstances.
How NLS can help with property disputes
The NLS Private Law department can help you to:
- Understand the difference between legal ownership and a beneficial interest in a property
- Consider the information that may be relevant to a dispute about property ownership or shares
- Discuss options for reaching an agreement about a property
- Understand the possible next steps where agreement cannot be reached
- Consider how a property dispute may affect wider arrangements following separation
Legal ownership and beneficial interests
The title register records the legal owner or owners of a property. However, legal ownership does not always show who is entitled to benefit financially from the property or how the proceeds of a sale should be shared. HM Land Registry describes this financial interest as a beneficial interest.
This distinction can be important where:
- A property is held in one person’s name
- Both people are named as owners but disagree about their shares
- One person contributed to a deposit, mortgage, renovation or other property costs
- A property was bought as a family home, investment or part of wider financial planning
- There are records, discussions or agreements about how the property was intended to be owned
The facts of each case matter. It can be important to gather a clear picture of how the property was acquired, how costs were met and the arrangements made during the relationship.
Property disputes involving significant assets
A dispute may concern a family home, but it can also involve a second home, buy-to-let property, land, a property portfolio or a property connected with wider financial arrangements.
Where the value, ownership structure or financial history is more complex, careful preparation can help clarify the issues. This may include reviewing title documents, mortgage information, financial contributions, communications and any written agreement relating to the property.
NLS can help you understand the matters that may need to be considered before deciding how to move forward.
When a property is owned jointly
Joint ownership can take different forms. People who own property together may be joint tenants or tenants in common. The type of ownership can affect what happens if the relationship ends or if one owner dies.
If a property is owned by more than one person, it is important to understand the legal ownership, the beneficial interests and any documents that record the intended shares. This can be particularly relevant where contributions were unequal or circumstances have changed since the property was purchased.
An agreement may be possible in some cases. Where it is not, advice can help you understand the available options.
When a property is in one person’s name
A property being registered in one person’s name does not always end the discussion. The title register shows the legal owner, but the person named on the register may not be the only person with a beneficial interest.
Questions may arise where the other person made financial contributions, carried out work on the property, or where there was a shared understanding about ownership. The legal position will depend on the specific evidence and circumstances.
It is important not to make assumptions about ownership based only on whose name appears on the title register. Early advice can help you understand the position and the information that may be needed.
Reaching an agreement about property
Where possible, an agreed solution can allow separating couples to make practical arrangements around a property. This may involve one person remaining in the property, a transfer of ownership, a sale, or agreement about the division of any proceeds.
The appropriate option will depend on the property, mortgage arrangements, each person’s financial position and the legal interests involved. There may also be tax, lending or conveyancing issues to consider before any transfer or sale is completed.
If an agreement is reached, it is important to ensure that the legal and practical steps are properly addressed.
When agreement cannot be reached
Property disputes between unmarried couples may be dealt with under the Trusts of Land and Appointment of Trustees Act 1996, often referred to as TOLATA. Under section 14, the court can determine questions about the ownership or use of a property, including whether it should be sold and the shares held in it.
The court process is different from financial remedy proceedings on divorce. In a dispute between unmarried couples, the court’s powers are generally focused on ownership and property. They do not extend to dividing pensions, awarding maintenance or making lump-sum payments in the way that may be possible on divorce.
NLS can explain the issues involved and help you understand the next step that may be appropriate in your circumstances.
Planning ahead with a cohabitation agreement
A cohabitation agreement can help couples record their intentions about property, household costs, savings, debts and other financial arrangements while they are living together.
If you are still living together, or want to reduce uncertainty in future, a clear agreement may help you discuss how property and contributions should be treated if circumstances change.
Visit our cohabitation agreements page for further information.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
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Property Dispute FAQs
- What is a property dispute between unmarried couples?
A property dispute can arise when an unmarried couple separates and cannot agree who owns a property, whether it should be sold or how any proceeds should be shared. The legal position will depend on the ownership arrangements, financial contributions and the evidence available.
- Does the person named on the title register always own all of the property?
Not necessarily. The title register records legal ownership, but it does not show who benefits financially from the property or how sale proceeds should be shared. A person may have a beneficial interest even where they are not named as a legal owner.
- What is a beneficial interest in a property?
A beneficial interest is the right to benefit from a property, which can include a right to use it or receive some or all of the proceeds if it is sold. It is different from legal ownership and can be held in unequal shares.
- Can I claim an interest in a property that is in my former partner’s name?
It may be possible, but it will depend on the facts and evidence in your circumstances. The court’s approach can differ depending on whether a property is jointly owned or held in one person’s sole name.
- Can the court order the sale of a property?
In a property dispute under TOLATA, the court can determine questions about ownership and use of a property. This can include making an order for sale where appropriate.
- Are property disputes for unmarried couples dealt with in the same way as divorce finances?
No. Unmarried couples do not have the same overarching financial framework as married couples or civil partners who are divorcing or dissolving a civil partnership. Property disputes are generally based on ownership and trust law principles.
- Can a cohabitation agreement help avoid a future property dispute?
A cohabitation agreement can record a couple’s intentions about property, finances and contributions. Its effect will depend on its terms and the circumstances in which it was made, so it is important to obtain advice before relying on an agreement.
- How long does a property dispute take to resolve?
Timescales vary depending on the property, the information required, whether agreement can be reached and whether court proceedings are needed. It is not possible to predict a timescale without understanding the circumstances.