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Divorce and family law

Can a cohabitation agreement be challenged?

In some circumstances, yes. Agreements must be fair, properly prepared and entered into freely with both parties having the opportunity to take appropriate legal advice. At Winston Solicitors, we take care to draft agreements that are robust, clear and tailored to your individual circumstances.

What is the difference between joint tenants and tenants in common?

Joint tenants own the whole property together with a presumption that they own it in equal shares, while tenants in common own defined shares and these shares can often be unequal. The distinction can affect what happens if you separate or one partner dies. We can explain which arrangement is right for you and ensure it reflects your intentions.

What is a declaration of trust?

A declaration of trust is a legal document that sets out who owns what share of a jointly owned property. It provides clarity and can prevent disputes as to ownership later on. We often recommend this where couples contribute differently to a property purchase.

What is TOLATA?

TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It is the law used to resolve property disputes between unmarried couples. Our solicitors are experienced in advising on TOLATA claims and negotiating practical outcomes wherever possible.

Can I claim a share of my partner’s property?

Possibly, but it depends on the facts and evidence. Claims are often based on financial contributions or shared intentions, and these cases can be complex. We can assess your position and advise on the strength of any potential claim.

Is there such a thing as a common law marriage?

No. In England and Wales, cohabiting couples do not acquire the same legal rights as married couples, regardless of how long they live together. Our family law team regularly helps clients who are surprised by this and want to understand how the law applies to their situation.

What is a power of arrest?

A power of arrest allows the police to arrest someone if they breach certain court orders. We can advise when this applies and what it means for your protection.

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