Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Cohabitant definition

What does Cohabitant mean? In legal practice, a cohabitant is a person who lives with another as part of an intimate couple on a settled basis, without being married to each other or in a civil partnership. The term is used across family, housing and succession law to identify when unmarried partners may seek remedies (such as domestic abuse orders, inheritance provision or property claims), but precise meanings vary by statute and jurisdiction. In England and Wales, statutes refer to cohabitants; for inheritance claims, the Inheritance (Provision for Family and Dependants) Act 1975 requires at least two years’ cohabitation “as the spouse or civil...

Cohabitation Property Disputes under TOLATA 1996: Beneficial Interests, Pre-action Steps, Procedure and Part 36 (England and Wales)

Published by a LexisNexis Family expert

Precedents

This note offers general guidance on the property rights of Cohabitants and claims arising under the Trusts of Land and Appointment of Trustees Act 1996. Your family solicitor can provide advice tailored to your circumstances.

Who can apply?

Cohabitants do not share the same rights to pursue property claims as married couples or civil partners. Instead, disagreements between cohabitants about their interests in a property are decided in line with trust law. The 'common law' wife or husband has no standing in law, and cohabitants' claims are much more limited than those of spouses or civil partners. In some situations it may be possible to bring a claim for a child (see: Financial arrangements for children—client guide).

There are two main ways in which a Cohabitant may hold an interest in a property:

as a joint owner; or
where the property is in the sole name of the other cohabitant, under a trust, whether expressly stated or otherwise

In some circumstances a cohabitant who may have an interest in a property can apply to the court under the Trusts of Land and Appointment of Trustees Act 1996...

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Web page updated on 22/05/2026

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