Cohabitation

When people live together but then fall out, what happens? If couples are married then the matrimonial laws take effect and matters can be resolved. However, if couples are not married then the law is much more complicated and you have to rely on the law of equity and contract. It may be possible to avoid this by entering into a pre-nuptial or co-habitation agreement and we can assist in that.

Frequently Asked Questions:

Q. "I have lived with my partner in his house for 9 years and we have a child. We are separating so can I have the house and will he pay me maintenance?"
A. Not necessarily. If you are not married then there is no right to share assets or, indeed, for one party to pay maintenance to the other adult. Child maintenance is probably payable through the Child Support Agency. There are remedies and we are happy to advise.

Q. "I have been in a gay relationship, which is breaking down. The house is in joint names but my partner contributed nothing. Will he get half of it?"
A. He could well get a part of the property but it may be arguable that he was only holding it in trust from you, but each claim has to be dealt with on its own facts. Again we are happy to advise.

Please contact one of our specialists:

Liverpool City Centre and Woolton Offices:
Julie Waring
Tel: 0151 236 8871 or email: jw@morecroft.co.uk

Crosby Office:
Carole Brennan or Clare Kerrigan:
Tel: 0151 924 9234 Fax: 0151 931 3165 or email: mail@morecroft.co.uk