Cohabitation increased by 137 per cent between 1996 and 2000 and yet the law hasn't kept up. The rights of unmarried couples significantly differ to those who are married and there is a myth that if you live together as man and wife there is a 'common law marriage'.

How to protect your interests

  • Obtain specialist advice at the time of purchase: There are different ways that you can own your property. Take the time to discuss this together and to obtain advice. Make sure when you complete and sign the Transfer Deed (the TR1) that the correct box as to ownership has been ticked.
  • Declarations of trust: A declaration of trust can be put in place by anyone co-owning a property. This document accurately records your share of the property and contributions at the time of purchase.
  • Cohabitation agreements: This document will set out how property, capital and assets are owned and how they should be divided upon separation.

What if you have separated and face a dispute?

  • Obtain advice at the outset: It is much more cost-effective to try to resolve matters at the outset and to work towards reaching a settlement outside of court proceedings.
  • Pull together your documentation as soon as possible: The work in these cases is frontloaded and much will depend upon the evidence you can provide. A specialist solicitor will be able to let you know the key documents they require and provide you with tailored legal advice.
  • If court proceedings have been issued: Seek specialist advice immediately. Setting off on the wrong foot could really set you back during the course of the proceedings, increase your costs and potentially have a detrimental impact on your position.

Emily Roskilly is a senior associate at award-winning law firm VWV, which has offices in Clarendon Road, Watford. Get in touch on 07468 698 927 or eroskilly@vwv.co.uk.