One of the questions I am regularly asked by my clients who are separating from their partner is where they stand when it comes to their legal rights over their home, money and importantly their pets. Therefore I thought I’d outline the legal position of separating couples and what steps can be put in place at the outset to avoid potential future disputes.
Legal Position: No Automatic Entitlements
There is a common misconception that cohabiting couples acquire legal rights similar to those of married couples. In reality, there is no such thing as a ‘common law marriage’ under English law. This means:
- Ownership of property and assets depends on legal title or the terms of a trust (whether express or otherwise)
- Financial claims can be limited unless children are involved.
Property and Financial Assets
Sole Ownership
If an asset, such as a home, vehicle, or savings account, is in one party’s name, the presumption is that they own that asset outright. The presumption can be challenged if the cohabiting party can demonstrate a beneficial interest in the property under a trust.
Joint Ownership
Where assets are held jointly, they are presumed to be owned equally. However, this can be challenged if there is evidence of unequal contributions or differing intentions at the time of acquisition.
Claims to Ownership
If you believe you have a share in an asset not held in your name, you may be able to pursue a claim under:
- Express trust: Signed as a deed – the clearest way to prove a beneficial entitlement.
- Constructive trust: Based on shared intention and reliance.
- Resulting trust: Based on direct financial contributions.
- Proprietary estoppel: Where the legal owner assures the cohabitee that they have a beneficial interest in the asset.
These claims are fact-specific and often complex, which is why specialist legal advice is essential.
What about gifts?
On the breakdown of a relationship, some partners will try to claim ownership of an asset which they gifted to their partner. If a partner gave a gift during the relationship which they did not expect to be returned, a claim to recover that gift on separation is likely to fail.
And our furry friends?
Pets often carry deep emotional significance, but legally they are considered personal property. A pet is therefore usually considered the legal property of the person who purchased it.
Again, this presumption can be challenged if the pet was given to a partner as a gift, or if the partner took on financial responsibility and/or care of the pet.
Planning ahead: Agreements that protect
Couples can enter into the following agreements when cohabiting which clarify ownership, financial responsibilities, and arrangements in the event of separation:
- Declarations of Trust: which deal with the couple’s respective shares in property (solely or jointly owned)
- Cohabitation Agreements: which record a couple’s rights and responsibilities whilst living together. This can include agreements as to asset ownership, contributions to household expenses, use of bank accounts, and pet ownership/care
- Pet-nups: which specifically deal with the living arrangements for pets post-separation and how costs for pets will be managed
Resolving disputes constructively
In the event of a separation where no prior agreement is in place, we encourage negotiation and mediation to resolve disputes without litigation. These approaches are especially effective where emotional and practical considerations intersect.
If court intervention becomes necessary, claims may be brought under:
- TOLATA 1996 (Trusts of Land and Appointment of Trustees Act)
- Trust law principles
- Schedule 1 of the Children Act 1989 (if children are involved)
How we can help
Our role is to help you resolve matters with credibility, professionalism, and emotional intelligence. Whether you’re seeking to protect your interests, clarify ownership, or negotiate a fair outcome, we offer tailored advice and practical solutions.
If you’re facing separation and need guidance on asset division – including property, finances, or pets, please get in touch. You can contact me on amy.harvey@cognitivelaw.co.uk or call me on 01273 044783.