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Living together 3C

Cohabitants claims

Cohabitants claims

When your relationship breaks down there are many kinds of issues that need to be resolved, in particular finances, any children you have and property.

Our specialist team is here to offer help, guidance and support when addressing these sensitive issues.

Finances for you and your children

Unfortunately neither you nor your partner has the right to maintenance following the breakdown of your relationship. However, you can make an application under Schedule 1 of the Children Act 1989 if you have children together.

These are the type of orders you can apply for:

  • Periodical payments
  • Secured periodical payments
  • Lump sum
  • Settlement of property
  • Transfer of property

You will be entitled to Child Maintenance, which is a regular amount of money to help you look after your child. If you and your partner can’t agree on Child Maintenance, the Child Maintenance Service can help you with a standard calculation of what should be paid based on your partner’s income.

Property

Where property is concerned, you, as cohabitants, are entirely reliant on land law and complex trust law to determine any dispute as to the ownership of any property.

  • Property owned by you and your partner – the starting point for joint tenants is that the property is owned equally regardless of financial contributions. Joint tenants benefit from the right of survivorship. This means that on the death of one owner, their interest passes to the other and cannot be disposed of under the terms of a will. On separation it is advisable to sever the tenancy
    If the property is held as tenants in common, you and your partner have a distinct share in the property and the right of survivorship does not apply
  • Property held by one party – the other party will have to establish that they have a beneficial interest in the property to benefit from legal remedies

Personal Protection

You should also be aware that you can protect yourself from your partner with an injunction, if there is an issue with domestic violence.

Contact our Family Law specialists

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