Dividing cohabitants' assets
What happens to cohabitants' assets and income on relationship breakdown?
Leaving aside claims for children, and laws that enable claims to be made on bereavement, there is no statute which enables cohabiting couples to make a claim on the assets or income of their partner if they break up.The court has no power to override the strict legal ownership of property. Cohabitants, instead, have to fall back on a 'patchwork' of esoteric property and trust laws which were not designed with them specifically in mind. For example, depending on the circumstances, they may be able to bring a trust law claim to try to establish that they have a beneficial interest in an asset by virtue of an agreement or financial contribution to its acquisition (see 'What is the legal position if we cohabit in a house that only one of us owns?').
Unlike married couples, the court does not have the power to determine what it thinks is a 'fair' outcome in terms of property division when a cohabiting couple is splitting up. Where there is a dispute, the court only has the power to declare, on the basis of evidence, how assets are legally owned, and in what proportion.
For financial claims in respect of children, see 'Does a parent who cohabits with the other parent rather than being married to them have the same rights and responsibilities towards a child?'
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
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