Cohabitation disputes and financial claims
Advice for cohabitants as to their financial claims, or financial claims they might have for the benefit of children.
What this covers
Advice for unmarried partners as to their financial claims, including those they might have for the benefit of any children. Unmarried partners do not have the same financial claims on each other as married couples, but two separate areas of law often come into play: property claims under TOLATA, and claims for the benefit of a child under Schedule 1 of the Children Act. They frequently overlap, but not always.
Property claims (TOLATA)
Most disputes between unmarried partners over property are brought under the Trusts of Land and Appointment of Trustees Act 1996. The court looks at the legal ownership (whose name is on the title), whether the other partner has a beneficial interest based on contributions made, and what the two parties intended at the time the property was bought and during the relationship. Where you are not on the title, a real claim is still possible — direct financial contributions, promises that were relied upon, or a clear shared intention can all support a beneficial interest. The evidence has to do real work: bank statements, transfers, mortgage records, contemporaneous messages. The great majority of cases settle through negotiation or mediation before a contested hearing.
Claims for the benefit of children (Schedule 1)
Where there are children of unmarried parents, separate financial claims may be available under Schedule 1 of the Children Act 1989. These are claims made by one parent against the other for the child's benefit — typically housing (a property settlement during the child's minority), capital for the child's needs, or periodical payments above the standard Child Maintenance Service assessment. School fees are commonly dealt with under Schedule 1. The framework is distinct from TOLATA and looks at the child's needs rather than the parents' contributions. Where a separation involves both a property dispute and a Schedule 1 claim, the two run on parallel tracks; we will explain how they interact in your specific situation and bring them together in any settlement.
How we can help
- Unmarried partners separating with a property to sort out
- Not on the title, but contributed to the property
- Joint owners disagreeing on shares, sale or buy-out
- Disputes over deposit, mortgage, or improvements
- Bringing a claim for housing or maintenance for a child
Common cohabitation disputes and financial claims questions
What is TOLATA?
TOLATA is the Trusts of Land and Appointment of Trustees Act 1996 — the legislation the court applies to property disputes between people who are not married. It looks at the legal ownership, the beneficial interest, and what the two parties intended at the time the property was bought and during the relationship.
I'm not on the deeds — do I have any claim?
Possibly. You may have a beneficial interest based on direct financial contributions (deposit, mortgage payments, substantial improvements), promises that were made and relied upon, or a clear shared intention. The evidence has to do real work — contemporaneous documents, transfers, messages — but the claim is a real one.
How long do I have to make a claim?
TOLATA claims do not carry a hard statutory deadline in the way some claims do, but delay weakens the evidence and can hand the other side arguments about acquiescence. The honest answer is that the longer you wait, the harder it becomes. Where you think there is an issue, take advice early.
What about the children?
Where children are involved, separate claims may be available under Schedule 1 of the Children Act 1989 — for housing or maintenance for the child's benefit. These are distinct from TOLATA claims and run on a separate track. We can explain how the two interact in your specific situation.
What evidence helps?
Bank statements, transfers, mortgage records, builders' invoices, and any messages or emails where the two parties discussed who owned what or who would pay for what. Even small contemporaneous documents — a text confirming a deposit transfer — can be the difference between winning and losing a point.
Can we resolve this without going to court?
Often yes. The majority of cases settle through negotiation or mediation before a final hearing — a sale and split of the proceeds, a buy-out, or a transfer of one share to the other. Court sits as the backstop, not the default route.
Other ways we can help
Practice area
Cohabitation agreements
Advising on how cohabitants can reach agreements that provide clarity as to their financial claims in the event of a separation.
Read morePractice area
Financial separation
Advice on how property, savings, business interests and pensions are divided as part of a divorce, including strategic guidance at each step in the process.
Read morePractice area
Children arrangements
Advising divorced or separated parents as to arrangements for children, including where they should live, moving abroad or taking them on holiday.
Read more
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