Shared Ownership Property

As many cohabitants discover to their surprise, and often to their cost, living together does not in itself found an interest in the shared home.

When a cohabitation relationship breaks down there is no question of the court having power to make orders in relation to property on the same discretionary basis as if the parties were married to one another or in a civil partnership and claiming financial relief. Cohabitants are entirely reliant on the principles of land and trust law to determine any dispute as to the ownership of property.

The Law Commission in its discussion paper Sharing Homes after a thorough discussion and summary of the law conclude:-

"It is not possible however to devise a statutory scheme for the ascertainment and quantification of beneficial interests in the shared home which can operate fairly and evenly across the diversity of domestic circumstances which are now to be encountered"

However in a subsequent report Cohabitation: The Financial Consequences of Relationship Breakdown the Law Commission has recommended the provision of a new statutory scheme of financial relief for cohabitants who fulfil specific eligibility criteria having either had a child together or lived together for a minimum period. The provision proposed in analogous to that provided to those on breakdown of a marriage or civil partnership.

It is extremely important for anyone in a co-habitation relationship or contemplating such for legal advice to be taken.

Pearson Rowe can help you with co-habitation agreements and disputes. If you have a query in this respect please contact Tim Giles in our family law department.

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