What are the rights of unmarried couples living together?

Many cohabiting couples purchase homes together. In the event that the relationship breaks down, a dispute between the parties may arise in relation to the ownership of the property or occupation.

In England and Wales, there is no such thing as a common-law marriage. If you are an unmarried couple who live together, you will not have the same legal rights as a married couple.

This means that following the breakdown of a relationship, couples may have very few rights and it can become difficult to decide what should happen to finances and assets.

These disputes often arise between co-habitants who do not agree with their share of interest in the property.

The provisions of this Act allow a party to apply for, what is called “declaratory relief” from the Court. In other words, asking the Court for a declaration as to their rights and interest in the property.

Under the Act the Court has very broad powers and can make a declaration as to each party’s property rights according to established principles of trust law.

Where children are involved, an application under the Children Act may also be appropriate to be heard together with the TOLATA application.

TOLATA gives Courts certain powers to resolve disputes about the ownership of the property (or land).

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