Family
Cohabitee Disputes
As well as the inevitable emotional upset to be experienced on the breakdown of a relationship there are also likely to be practical difficulties such as:
Where do I stand financially?
What happens about the home?
How do I sort out arrangements for the children?
Lyons Davidson have a team of specialist family solicitors who have a wide range of experience in this area of law and who will deal sensitively and efficiently in helping you to resolve these practical problems whether this is through the mediation process, negotiation or court proceedings.
Over the years there has been the misconception of the “common law wife”. Parties do not gain rights or privileges because they have lived together for a particular length of time. An unmarried partner does not have the protection of the married partner as set out under the Matrimonial Causes Act 1973 and where a dispute arises will have to rely on the protection of land law and the Trusts of Land and Appointment of Trustees Act 1966 or, where there are children involved, Schedule I of the Children Act 1989.
If the ownership of the home or other property is not clearly established by an “express written declaration of trust” it may be possible to establish an interest in the property by way of a Constructive or Resulting Trust by looking at any agreement between the parties, or the intention of the parties. If such an interest can be established it will then be necessary to quantify that share.
Where there are children of the family to consider, it is possible and may be appropriate to seek provision to provide for the financial and housing needs of the child. This could involve the transfer of the parent's interest in the home for the benefit of the child until the child attains the age of 18 years.
Contact: Louise Higham, Richard Crallan or Alexandra Mills