The majority of cohabitation disputes are usually in relation to the home. While the courts have a broad jurisdiction to achieve fairness on divorce, when the parties are not married, the strict laws of property and trusts apply. These were not designed with families in mind which is why results can seem particularly unfair. The way the law is applied depends on how the property is owned. This article focuses on properties that are jointly owned.

Joint ownership

Unless there is a declaration of trust which sets out how the property is owned, the law will assume that both parties own it equally. This is the case even if one person has made a larger financial contribution. It is possible to argue that the property is not owned in equal shares but this is difficult to do unless there is clear evidence that this is the case.

If one person is contributing more money toward the purchase of a property, it is sensible to have a declaration of trust drawn up to make it clear that one person owns more.

When a cohabiting couple separate, either person can apply to the court to force sale of the property so that they can receive their share of the equity. In contrast to the case with married couples, the court cannot award one party more money because they are in greater need.

Legal Services

The link between access to justice and legal services isn’t as strong as it has been in the past. Fees are creeping up year by year, which is stopping many people in their tracks.

The world is changing quickly around us and the way that people access legal help needs to change too and be more about the individual and not about the solicitors. Only 8% of every 100 people who say that they need legal help actually seek help from a solicitor due to the fact that they don’t find what they’re looking for at a price that makes sense to them.

Increasing costs and cuts in public funding are just two of the factors leading to an increase in the number of Litigants in Persons (LiPs) or Self Represented Litigants (“SRLs”).

Any individual unable to afford professional representation is entitled to represent him or herself in court proceedings. However, it seems clear that this increase in the number of litigants in person wanting to use the courts will also increase the number of litigants in person who require practical assistance.

Representing Yourself in Court

If a person decides to represent themselves in court they should be given clear guidelines as to the way in which the system works and what is expected of them, be it in the preparation of their case or in their general conduct.

Unfortunately this is no longer available as the budget cuts by the court service has removed many court staff who previously provided basic information to litigants in person.

A lot of people are unaware that they can reduce their legal costs quite considerably by hiring the services of companies that specialise in preparing order for sale court applications. They would however have to represent themselves in court.

If they chose to represent themselves in court these reputable companies will give them clear guidelines on what happens next and the legal process concerning their case. They will also give them guidance on what is expected of them, what information is needed, what happens in court and how to conduct themselves.

There has a been a major shift due to cuts in legal funding and what we are seeing now is a rapid growth in people representing themselves in court. Even though many feel daunted by the prospect of standing up in court and facing the judge and their ex partners, friends or family members who they jointly own property with, they are now taking control with the help of these specialist companies.

People are being empowered to take action and represent themselves for a fraction of the cost with support, help and guidance therefore enabling them to navigate through what can often be a complex legal maze.