Property disputes surge as Government moves to reform cohabitation laws 

Irwin Mitchell has welcomed today’s launch by the Government of a long-awaited consultation on cohabitation reform, as new analysis reveals a sharp rise in property disputes between unmarried couples.

Research by the firm shows a marked increase in claims brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), with 529 relevant court judgments identified between 2015 and 2018, rising to 751 between 2022 and 2025  - an increase of around 42%.

The findings highlight the growing risks faced by millions of couples who live together without marrying, at a time when ministers are considering sweeping reforms to give cohabiting partners greater financial protection on separation and new inheritance rights where a partner dies without a will.

Erin Sawyer, a Partner in the Family Law team and specialist in cohabitation disputes at Irwin Mitchell, said:

“We welcome the Government launching this consultation. It’s an important step towards addressing a gap between modern relationships and the current legal framework.

 

“Our data shows a clear rise in disputes over property and finances between cohabiting couples and co-owners. That increase underlines that something needs to be done to provide greater clarity and protection.

 

“We are seeing more people building lives and acquiring assets together without the legal framework that applies to married couples. When relationships break down, or one partner dies, the consequences can be complex and difficult to resolve.”

TOLATA cases typically arise where couples disagree over ownership of a property, with disputes often centring on deposit contributions, mortgage payments, renovations and informal arrangements that were never documented.

Lawyers say the issue is not limited to relationship breakdown, with a growing number of cases also arising following death or involving wider family members who have jointly invested in property.

Stephanie Kerr, an Irwin Mitchell lawyer specialising in wills, trusts and estate disputes, added:

“We’re increasingly advising on situations where someone has entered a new relationship but hasn’t updated their Will or legally ended a previous marriage.

 

“That can leave families and partners in very difficult positions, particularly given that cohabitees don’t have the same rights as spouses and may need to bring a claim to seek provision.”

With more than three million couples now living together without marrying, the consultation marks a significant moment for family law reform.

Richard Shaw, family lawyer and cohabitation dispute expert says:

“Reform in this area is long overdue, but the detail will be crucial. The challenge will be creating a system that provides fairness and certainty without creating further disputes.

 

“In the meantime, the law has not yet changed. Unmarried cohabiting couples should not assume they have the same rights as those who are married, and taking practical steps such as making a Will and entering into a cohabitation agreement remains essential.”