Family Solicitors Winchester

Unmarried and Cohabiting Couples

We provide advice for separating couples who live together but are not married in relation to property and financial disputes.

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Rachael Cole

Whether you are considering separating and are worried about your rights, or if you have already separated and are having difficulties agreeing financial arrangements, we can help.

There is a different legal framework for resolving financial disputes when unmarried couples separate compared to married couples. You may have thought you were protected by the concept of a ‘common law’ husband/wife, however, this is not recognised in law.

Disputes tend to concern issues over ownership of jointly owned property, including whether the property should be sold, how any proceeds should be split between the couple, and who can live there in the meantime. Where the family home is owned in the sole name of one party, the other party may be able to establish that they have a beneficial interest.

We encourage amicable and practical solutions and support clients to reach settlements out of court. This could be through alternative dispute resolution, such as mediation. If it is not possible to reach an agreement, an application can be made to the Civil Court under the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’).

We also advise on child arrangements and cohabitation agreements. A cohabitation agreement can be entered into at the start of a relationship to protect assets and alleviate any issues should the relationship later end. It can outline how you will manage finances, property, and child support if you were to separate.

Rated

4.3 on Google Review

Google Review

Julie Gordon

7 months ago
Exceptional service for all the team, especially Liz. No hidden surprises, clear and precise information and I was guided the whole way through my divorce. I felt supported and listened to. Highly recommend.
Posted on Google
Google Review

Liz Cockram

5 months ago
I highly recommend Hannah Adams and the team at Shentons. They were all incredibly kind, patient and really listened to the details of our particular situation. We were seen quickly, which was very important for us due to EHCP Tribunal deadlines. The expertise and depth of information we recieved in meetings and reports was invaluable. It also allowed me to proceed with clarity and confidence, where I had previously felt lost in the vast amount of very subject specific paperwork which had been sent to us. We followed Hannah's advice when looking for other professionals to assess our child and gain the relevant reports. We also followed up on a possible area of need she identified, resulting in a new diagnosis and subsequent support from the NHS. I am incredibly happy to say my child is enjoying his second week at our chosen school, something the LA finally agreed to after nearly a year of fighting but 5+ months before our court date. Our child is now in a setting which will support him for the next 7.5 years.
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Google Review

Edward Ramsay

7 months ago
I cannot speak highly enough of Chloe jay of whom was my legal representation during what was the most serious and stressful period of my life. From the very beginning, Chloe demonstrated exceptional professionalism, intelligence, and dedication to my case. Chloe had an outstanding understanding of the law and an ability to explain complex issues clearly and honestly, which gave me confidence at every stage of the proceedings. In court, Chloe's advocacy was calm, authoritative, and compelling. Chloe was meticulous in her preparation, strategic in her approach, and fearless when it mattered most. What truly impressed me about Chloe was her commitment to justice and to me as a client. Chloe treated my case with the seriousness it deserved, listened carefully, and fought relentlessly on my behalf. I always felt supported, respected, and in safe hands. Chloe worked in my case beyond my expectations and into the early hours of the morning sometimes to ensure that I as her Client had the greatest chance success each day of trial. I am deeply grateful to Chloe and would not hesitate to recommend her to anyone facing a serious legal matter. If you need a barrister who is highly skilled, principled, and unwavering in their commitment to their client, I cannot recommend them strongly enough. Thank you Chloe and to all at Shentons who assisted in my case.
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Google Review

Jennifer Cole

6 months ago
Shentons helped me through a really difficult time in my life when I was locked in a legal battle with my old partner about our joint house. I am so grateful for Shentons' excellent counsel, efficiency and human touch. I did get a great outcome in the end which has meant I can be free and financially secure again.
Posted on Google
Google Review

Abi Alsford

4 months ago
Rachael, Alex and the team were amazing during my custody case. They were reassuring, helpful and professional every step of the way. I can’t thank them enough
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