If you cohabit with someone and your relationship breaks up, you might be entitled to a share of the value of the property you live in, even if it is not owned in your name. For example, a lady barrister who broke up with her barrister fiancee was awarded the flat they shared and a 25 per cent share of a mill in Sussex despite the fact that both properties had been held in the sole name of her ex-fiancee.
Kerry Cox was awarded title to the flat on the basis that her ex-fiancee, Lawrence Jones, had clearly held it in trust for her. Her claim regarding her share in the ownership of the mill was hotly disputed. Ms Cox claimed she was entitled to a half share in the mill based on her assistance in the extensive restoration work that was done on it. However, there was no specific agreement regarding the ownership of the mill and despite that fact that she did assist substantially with its modernisation, the court declined to agree that this was sufficient to warrant the award of a half share.
The Government has issued a consultation document aimed at giving legal rights to long-term cohabitees . The necessary legislation is still some way off, however.
