Cohabitation relationships property ownership and breakdowns/ London property
Where a couple who live together but not married break up the court can help. The law is in the Trusts of Land and Trustees Act 1996 referred to as “TOLATA”.
Unlike married couples and divorce where there is one act Matrimonial Causes Act and section 25 which is fairly easy to understand.
Where you live together the law is complex and there are all sorts of aspects like resulting trust.
The litigant in person therefore really should take expert legal advice at an early stage. Mediation is worth a look though it is not for everybody.
Details and information can be found at http://www.familymediationcouncil.org.uk/or www.civilmediation.justice.gov.uk.
There are two things to think about. The first is ownership. Who owns the property e.g. who is registered at the Land Registry if it is a flat or house or farm.
Who owns the beneficial interest. The legal owner may be holding an interest for somebody else.
In the case of joint ownership the Land Registry will often be conclusive.
There are two ways to hold a property. Joint tenants (which mean that the survivor inherits whatever happens) and tenant in common where the property devolves by a Will or under the law of intestacy.
The difference is crucial. You should know which and the conveyancing solicitor or licensed conveyancer who advised you when you bought will know.
Children can be helped with unmarried couples and the law is based on schedule 1 of the Children Act 1989 and details can be found at www.legislation.gov.uk/ukpga/1989/41/contents
You will need to get documents together which will be the title deeds and Land Registry documents including the TR1 Transfer Form when you bought documents relating to a mortgage.
A chronology of events and discussions should be prepared and a fixed fee London lawyer can provide this usually free of charge as it is a straight forward spreadsheet in Excel or Word which can be linked to documents placed in a lever arch file in date order like a book.
If you want to learn more to keep costs down before going to a lawyer have a look at www.advicenow.org.uk/living–together and www.landregistry.gov.uk.
We would be interested in your comments, please leave them by clicking on the title to this blog above.
My ex will not move out of the flat we own. How can I get her to sell it? Peter
Take it to court.We are particularly familiar with the London Courts.
Rodney
I think the law should be changed. It is not fair just because a couple are not married for the girlfriend to get nothing if they split up. That makes it very easy for a man to walk away with his wealth intact, onwards and upwards for a newer model, while the girlfriend, who has probably spent years looking after him, is left without a penny.