CLM Solicitors - Private Services - Family - Fact Sheet

There is no legal process to go through like Divorce or ancillary relief for married couples. The Courts cannot therefore intervene to make Orders, except in relation to property such as a jointly owned house.

Neither party has any right to claim maintenance from the other, only maintenance for the children. Child maintenance is dealt with by the Child Support Agency. Please see our 'Arrangements for Children' leaflet.

Unlike married couples, cohabiting couples do not have a legal claim against anything owned by the other, unless they can prove that they have an interest in it.

Property in Joint Names

If the property is in both parties' joint names then either can apply to Court to force the sale of the property under the Trusts of Land and Appointment of Trustees Act 1996 (TLTA).

If the couple purchased the property as joint tenants, then all proceeds of sale will then be split equally between the parties.

If the couple purchased the property as tenants in common then one party can buy the other out. If there is no declaration as to how the couple owns the property then under TLTA it will be presumed that each party’s interest is equal to their initial contributions, or if the tenancy has been severed that they own equal shares. Please see our 'Severing a Joint Tenancy' leaflet for more details.

Property in One Party’s Sole Name

Legally only one person owns the property. It is therefore up to the other party to make an application to Court under TLTA and prove that they have a beneficial interest in the property. This can be done by either:

Providing evidence of an agreement that the property be shared. The person who is not the registered owner of the property must also prove that they have acted to their detriment in reliance on this agreement, or
Proving that by the conduct of the parties it is clear that there is a common intention to share the property beneficially.

Once it has been proved that the other party has a beneficial interest in the property, it is then a matter of proving the extent of that interest. This is then a question of proving what that person has contributed towards the house both financially and in other ways.

If someone does not have any interest in the property then they will have no right to remain there, unless one of the following can be proved:

That the owner has granted the other party a licence to remain living there
That one party needs to remain living in the property in order to protect them, or their children, from violence from the other party. This is an occupation order as part of domestic violence proceedings. Please see our 'Domestic Violence' leaflet.
That the property is needed to provide a home for the children of the family.

Applications to Court under the Trusts of Land and Appointment of Trustees Act 1996

Application is by an application form and supporting sworn statement. There is a court fee of Ł200. Each party’s legal advisor may attend court hearings, or they may instruct a barrister to represent them. Almost all hearings are heard in a Judge’s private room, or ‘in chambers’, and are relatively informal.

As in all proceedings, parties are encouraged to reach an agreement together.

At the first hearing the Judge will usually give directions as to how the case will progress. Usually house valuations and statements are ordered. If an agreement cannot be reached then there is a full hearing with both parties giving evidence and so it is lengthy, and can last a day or more. At this hearing the Court will make an order. This hearing is usually very expensive as barristers are used, and there is a lot of preparation work needed.

Time scale

Applications to Court under TLTA usually take up to six months, however this very much depends on the complexities of the issues involved, and the co-operation and willingness of both parties to negotiate.