Case study: Resolving a cohabitation property dispute without going to court

When her long-term cohabiting relationship unexpectedly broke down, our client found herself facing uncertainty over her home, finances and future. Looking to resolve matters as soon as possible, she turned to Willans’ litigation and dispute resolution team for legal advice.

Through careful negotiation and clear guidance, we helped her to reach an agreement quickly, avoid court proceedings and move forward. This case study explores how we were able to help resolve this cohabitation property dispute without going to court.

The situation

A homeowner found herself facing a deeply upsetting and unexpected situation when her long-term partner had an affair, which ended their relationship. The couple had been cohabiting for several years but were not married and had no cohabitation agreement in place. This was a tricky situation to navigate given both parties remained living together while the dispute was ongoing, as negotiations on their respective interests in the property had reached a stalemate.

“I was completely broken. There was one stage where I thought I’d lose my house, even though it was solely in my name. I’d worked so hard and paid for everything, and the thought that I could lose part of my home was incredibly distressing. I wasn’t sleeping, I was constantly Googling, trying to understand my position, but I just felt completely overwhelmed.”

Initially, our client hoped matters could be resolved amicably. However, discussions became more difficult and attempts to negotiate a settlement weren’t successful. Although our client believed she had acted fairly throughout the relationship, she became increasingly concerned about the possibility of a dispute over her home. At the same time, she was dealing with significant health-related concerns, making it even more of a priority to resolve the situation swiftly.

At this point, our client realised that she needed legal advice. She spoke with a different law firm first but quickly found that she needed more specialist assistance and so reached out to Willans.

Seeking legal advice about a cohabitation dispute

Our client spoke with Bethen Day (previously Bethen Abraham), an experienced property disputes solicitor in our litigation and dispute resolution team. Bethen took her time to understand both the legal issues and the personal impact the dispute was having on the client’s wellbeing.

As an unmarried couple, their situation was governed by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Bethen explained how claims under TOLATA can arise when unmarried couples separate, particularly where there are disagreements about ownership of a property or a former partner believes they have acquired a beneficial interest through financial contributions or shared intentions. In this case, the parties were agreed on our client being the primary financial contributor, but there was disagreement as to the shared intentions.

Our client was advised on the strengths of her position, the risks of a potential claim and the options available. More importantly, Bethen helped the client focus on her key objective: achieving a practical resolution as quickly as possible.

Negotiating a settlement without court proceedings

Within days of being instructed, instead of engaging in lengthy (and costly) back and forth correspondence between the parties, Bethen picked up the phone and had a pragmatic conversation with the client’s former partner. This led to a far better understanding of his position to help the parties to negotiate with practical solutions rather than a guessing game.

Bethen also helped our client remain focused on her outcome rather than becoming drawn into the emotions of the dispute. By carefully managing conversations and identifying areas of compromise, she was able to make progress in a short period of time.

The outcome – avoiding a costly property dispute

Less than a week after Willans was instructed, an agreement had been reached between our client and her former partner, which avoided court proceedings and, most importantly for our client, secured a clear timeline for her former partner to move out of the property.

“My priority was to get the situation resolved, so I could focus on my health and move on with my life. Bethen kept me focused on that objective throughout. She guided me, directed me and kept me on track. Within days she had secured an agreement. It’s given me peace of mind and enabled me to start moving forward again.”

The matter was fully resolved within a matter of weeks, allowing our client to focus on her health, wellbeing and future.

Why specialist legal advice made a difference

Reflecting on the experience, our client said the biggest difference was feeling genuinely supported throughout the process:

“After I spoke to Bethen, I thought, ‘I can do this. This can happen.’ She never judged me, not once. She listened, she was supportive, and I felt she was in my corner the whole time. She wasn’t just looking at the legal issue, she was looking after me as a person as well, and that made all the difference.”

As well as receiving clear legal advice, she felt listened to, understood and guided through what was one of the most difficult periods of her life. The combination of Bethen’s legal expertise and compassionate approach helped to achieve the outcome our client was ultimately looking for.

What this case teaches about TOLATA claims

Property disputes involving unmarried couples can be legally and emotionally complex, particularly where there is no cohabitation agreement in place.

“If I could go back, I would have had a cohabitation agreement drawn up. As a result of this experience, I’ve recommended one to several friends. I don’t think people realise how vulnerable they can be when a relationship ends, particularly when they’re not married and haven’t put formal arrangements in place.”

If your cohabiting relationship has broken down and you’re concerned about your home, taking specialist legal advice at an early stage can help clarify your position, avoid unnecessary conflict and increase the chances of reaching a resolution without going to court. Please get in touch with our experienced team of dispute resolution specialists. Alternatively, if you are in a cohabitating relationship and would like advice on whether a cohabitation agreement is right for your situation, our team of family lawyers can help. Please get in touch.

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