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Family Law · Cohabitation Disputes

Cohabitation Dispute Solicitors in Chester

Property Rights for Unmarried Couples — TOLATA Claims & Cohabitation Agreements

Serving Chester, Cheshire, Ellesmere Port, Wrexham and North Wales. Part of our wider Family Law services

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Part of your family law journey

Your Family Law Journey

Related Steps — What Else You May Need

1

Divide assets, property and savings. A consent order makes it legally binding.

2
Cohabitation DisputesYou are here

Property rights for unmarried couples — TOLATA claims and cohabitation agreements.

3

Formalise your separation arrangements without going to court.

4

Where children live, contact arrangements and parental responsibility.

More people than ever are choosing to live together without getting married. But when an unmarried relationship breaks down, the legal position is very different from divorce — and many people are caught out by assumptions that simply are not true.

At PDA Law, our family law solicitors in Chester advise unmarried couples on their rights and options when a relationship ends — whether that involves property disputes, financial claims, or protecting your position for the future.

Cases We've Handled in Chester & Cheshire

We have extensive experience handling cohabitation disputes across Chester and Cheshire. Here are examples of the types of cases we regularly resolve.

TOLATA Claim — Chester

Beneficial interest established

Successfully established beneficial interest in a Chester property for a client who had contributed to mortgage payments and improvements despite not being on the legal title. Negotiated a buyout arrangement.

Cohabitation Agreement — Cheshire

Agreement in place

Drafted a comprehensive cohabitation agreement for a Cheshire couple before moving in together, protecting both parties' interests and avoiding future disputes.

Proprietary Estoppel — North Wales

Estoppel rights secured

Represented a client in North Wales in a proprietary estoppel claim, establishing rights to a property based on promises made and reliance on those promises.

The "Common Law Marriage" Myth

Four things people believe — and why they are wrong

"Common law marriage" gives me the same rights as a married couple

Common law marriage does not exist in England and Wales. Unmarried couples have no automatic financial claims against each other on separation, regardless of how long they have lived together.

If I paid towards the mortgage, I automatically own a share

Not necessarily. Property ownership depends on how the property is legally held and whether a trust can be established. Without legal advice, you may lose out on a significant asset.

I can claim maintenance from my ex-partner

Unmarried partners have no right to spousal maintenance from each other. Child maintenance may be available through the Child Maintenance Service, but there is no equivalent for partners.

Living together for years gives me automatic rights

Length of cohabitation does not create legal rights in England and Wales. The law has not kept pace with changing family structures — which is why legal advice is essential.

What We Advise On

TOLATA claims — establishing your share of property
Disputes over jointly owned property
Beneficial interest claims
Constructive trust and proprietary estoppel
Cohabitation agreements (before or during cohabitation)
Occupation rights and injunctions
Financial claims involving children
Protecting assets before moving in together

Your Family Law Specialist

Martin Dias, Family Law Executive with almost 30 years experience at PDA Law

Your Family Law Specialist

Martin Dias

Family Law Executive

Divorce · Financial Settlements · Children MattersAlmost 30 Years' ExperienceFinancial Remedy & Pension Sharing Specialist

Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.

Speak to a Cohabitation Dispute Solicitor

If you are separating from a cohabiting partner and have concerns about property or financial rights, we are here to help.

Call for a free initial consultation to discuss your situation.

Client Testimonials

What Our Clients Say

Martin and the team at PDA Law made an incredibly difficult time much more manageable. Their advice was always clear, compassionate, and practical. I felt fully supported throughout.

Rebecca H.

Family law client, Chester

* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.

Get Started

Speak to a Cohabitation Dispute Solicitor

No obligation · Costs explained clearly · Early advice often protects your position

Prefer to speak with us? Call 01244 757352