Alex Brereton comments on property protection on separation and planning ahead in Metro
Alex’s article was published in Metro, 3 February 2025, and can be seen here.
Alex Brereton, Partner in our Family & Relationships department, discusses the complexities that can arise when cohabiting couples separate without prior legal agreements.
Breakups are emotionally challenging, but when shared housing is involved, whether owned or rented, the situation can quickly become more complicated. From disputes over who stays in the property to disagreements about selling or moving out, the absence of clear legal arrangements can leave one or both parties in a difficult position.
Alex highlights the importance of planning ahead, even if it feels unromantic. For renters, he advises negotiating a break clause at the start of a tenancy to avoid being locked into a lease after a relationship ends. He also warns that tenants’ rights only apply to those named on the tenancy agreement. This can leave individuals who move into a partner’s rental without being added to the lease in a vulnerable position, with no legal right to remain in the property after a breakup despite contributing to rent.
When it comes to buying property together, the stakes are even higher. Without a formal agreement in place, disputes over ownership, sale, and financial contributions can become contentious and legally complex. Alex’s comments underscore the value of legal advice and proactive planning for cohabiting couples, helping to avoid uncertainty and protect both parties if the relationship ends.
Read the full article on the Metro website [external link].