Unmarried couples who separate are not protected by the same laws that apply to married couples. This guide gives a brief overview of the law which can assist unmarried couples in respect of property disputes upon the breakdown of their relationship.
Under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), the court can determine the extent of a person’s interest in a property.
Most of these disputes arise when couples sell their individual properties and buy properties together. These can include residential homes, holiday homes, or commercial premises.
The most common areas where we provide advice and expertise on are:
- An order which determines what share of a property each party owns
- An order forcing the sale of land or property
- An order enabling one party to regain access to a property when the other party refuses to leave
- An order enabling third parties, such as parents or grandparents, to recover their financial interest in a property owned by the separating couple
This is a complex area of law and we would advise seeking professional legal advice. With our legal expertise in dispute resolution, we are well-positioned to give this specialist advice.
