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Cohabitation and Property Disputes

When unmarried couples separate, they have far less legal rights than a married couple and it’s important to seek specialist legal advice to understand the options.  Assets such as the family home are not treated the same as they would be on divorce, and this can often lead to a dispute over the property which can involve reviewing each party’s legal and beneficial interest in the property.  We have considerable experience advising clients in relation to property disputes and associated civil proceedings. 

Despite the myth that “common law” marriage exists, it does not, and this is not recognised by law.  This means that should your relationship breakdown, you could find yourself at a severe disadvantage financially and it is important to seek specialist advice.

Experience Highlights

  • Acting on behalf of Defendant whose former partner issued a claim asserting he had a beneficial interest in her property and café business.  Successfully defended the claim which was dismissed following a three-day trial in the Chancery Court and involved assets/witness evidence from Ukraine and issues surrounding Claimant’s breach of fiduciary duties.  Successful in obtaining an order for costs against the Claimant. 
  • Successfully acting on behalf of Claimant in proceedings to enforce a declaration of trust and seek transfer of property.
  • Negotiating out of Court settlements in relation to property disputes.

Expertise

Cohabitation (living together) agreements

Property disputes

Declarations of trust

Advice on alternate dispute resolution

Court proceedings relating to property

Get In Touch

Get in touch to arrange your free no obligation initial call with a member of the team.

We support clients on a range of issues including separation & divorce, financial settlements, wealth protection, children disputes, and cohabitation & property disputes.

 

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