Property Disputes After Separation

Whether you have been married, in a civil partnership, or cohabiting, dividing up assets after separation can be a complicated and fraught process, particularly where property is involved.

Property disputes after separation are unfortunately quite common. If you’re caught in a dispute with your ex-partner over what should happen to your shared home or property after you separate, we can help.

At Hibberts Solicitors, we have been helping separating couples across Cheshire and Shropshire to resolve property ownership disputes since 1799. Our family law department and dispute resolution solicitors take a practical, straightforward, and compassionate approach, helping you to understand your legal rights and achieve a fair outcome.

What is a property dispute after separation?

When a couple who live together separate, disputes can sometimes arise over who owns the property, who has a financial interest in it, and how it should be divided after their relationship ends.

Whether you’re married, in a civil partnership, or cohabiting, property disputes are complex and can quickly become very heated and stressful to deal with.

In some cases, both partners may be listed as legal owners of the property, but in others, the property may only be registered in one person’s name. If this is the case, the other partner must be able to prove that they have a financial interest in the property to lay any claim to it.

How do you prove you have a share in a property after cohabiting?

Property disputes can be particularly complex for unmarried couples who are cohabiting, because cohabiting couples do not automatically have the same legal protections as married couples and civil partners.

If you have been cohabiting in a property that is registered in only one person’s name, the other partner would need to prove they have a financial interest in the property in order to claim a share of it.

This may be possible if you can prove that:

• You contributed to the property purchase.
• You contributed to mortgage payments.
• You helped fund significant property improvements.

How is property split after divorce?

For married couples and civil partners, property is usually factored into the financial settlement, where it is divided based on what is considered “fair”.

Factors taken into account by the court when dividing assets, including property, include the needs of both parties, the welfare of any children, the length of the marriage, and the financial contributions made by each person.

How can Hibberts Solicitors help you with a property ownership dispute?

At Hibberts Solicitors, our property dispute solicitors in Cheshire handle a wide range of property ownership disputes, including those involving married couples and civil partners, cohabiting couples, and co-owners.

Our experienced team may help you to resolve your property dispute by:

• Reviewing property ownership documents.
• Helping you gather evidence of your financial interest in a property.
• Advising you on your legal rights.
• Negotiating with the other party to reach an agreement.
• Providing mediation services.
• Representing you in court proceedings if necessary.

If you need help resolving a property ownership dispute after separation, we can help.

Contact our team by calling 01270 624225 or emailing enquiries@hibberts.com to receive tailored legal advice about your property ownership rights after separation.