My Partner and I have separated, we jointly own the house, but they are refusing to sell it and I want my share – What can I do?

For unmarried couples, separating can become particularly stressful when a jointly owned property is involved. A common issue arises where one person wants to sell the home and move on, but the other refuses to agree. This can leave people feeling trapped financially and emotionally, especially where mortgage payments, household bills, or childcare responsibilities continue after the relationship has ended.

No such thing as a common law marriage

Unlike divorce cases, there is no such thing as a “common law marriage” in England and Wales. This means unmarried couples do not have the same financial claims against each other simply because they lived together. Instead, disputes about property are usually determined by property and trust law.

If a house is jointly owned, both parties generally have legal rights in relation to the property, regardless of who now lives there or who wants to keep it.

In many situations, one party may wish to remain in the property while the other wants the house sold so they can access their share of the equity. Disagreements often arise because one person cannot afford to buy the other out, or perhaps because there are children living in the home.

Possible solutions

The first step should usually be trying to reach an agreement through discussion, mediation, or solicitor negotiations. Possible solutions may include:

• Selling the property and dividing the proceeds;
• One party buying out the other’s share;
• Agreeing a delayed sale for a temporary period; or
• Reaching arrangements regarding mortgage and household payments in the meantime.

However, where agreement cannot be reached, legal action may become necessary.

Court application

Under the Trusts of Land and Appointment of Trustees Act 1996 (often referred to as TOLATA), an application can be made to the court asking for an order for sale of the property.

The court will consider several factors, including:

• The intentions of the parties when the property was purchased and how it is held;
• The purpose for which the property is held;
• The welfare of any children living at the property; and
• The financial circumstances of both parties.

In many cases, if one owner genuinely wishes to realise their interest in the property, the court can order that the house be sold.

Importantly, jointly owned property disputes can become increasingly expensive and stressful if left unresolved. Mortgage arrears, ongoing bills, and falling communication between former partners can all make matters more difficult over time.

Importance of getting legal advice early

Obtaining early legal advice can help clarify your legal position, assess the strength of your claim, and explore whether matters can be resolved without contested court proceedings which are both lengthy and costly.

Although disputes involving jointly owned homes can feel overwhelming after separation, understanding your legal rights is often the first step towards reaching a practical and fair outcome. Contact the Family team at Browell Smith and Co should you require advice and assistance, call 0191 691 3418 or request a callback.

Pre-Nuptial Agreements: Not Just for the Wealthy

For many people, the term “pre-nup” still conjures images of celebrities, inherited fortunes, and high-profile divorces. In reality, pre-nuptial agreements are becoming increasingly common for ordinary couples — and for good reason.

What is a pre-nup?

Importantly, pre-nups are not about planning for divorce or expecting a marriage to fail. They are about clarity, transparency, and protecting both parties from uncertainty in the future.

When you should consider a pre-nup

There are many situations where a pre-nup can be particularly sensible, even where a couple is far from “super rich”. For example, one party may own a property before the marriage and wish to protect the equity they built up independently. Others may have received or expect to receive an inheritance from family members. Business owners often use pre-nups to help safeguard a company they have spent years building, particularly where other family members or business partners are involved.

Pre-nups can also be highly relevant in second marriages, especially where there are children from previous relationships. In these circumstances, couples may wish to preserve certain assets for their children while still ensuring their spouse is fairly provided for. In some cases, one partner may enter the marriage with significantly greater savings, investments, or pension assets than the other. A pre-nup can help both parties openly discuss financial expectations from the outset and reduce the likelihood of costly disputes later.

Reassurance and peace of mind

Far from being unromantic, many couples find that having honest conversations about finances before marriage actually strengthens communication and trust. A carefully drafted agreement can provide reassurance and peace of mind for both sides. To give a pre-nup the best possible chance of being upheld by the court, both parties should receive independent legal advice, provide full financial disclosure, and ensure the agreement is signed well in advance of the wedding.

Every relationship and financial situation is different. Seeking early legal advice can help couples understand whether a pre-nuptial agreement is appropriate for them and ensure any agreement is tailored to their specific circumstances. Contact the family team at Browell Smith and Co to discuss. Call now on 0191 691 3418 or request a callback.

Why LGBTQ+ Individuals and Couples Need a Solicitor for a Surrogacy Agreement

As we mark Pride Month, Browell Smith & Co is proud to celebrate and support the LGBTQ+ community through the specialist legal services we provide. We recognise that every family is unique, and we are committed to helping individuals, couples and families navigate life’s most important milestones with confidence, compassion and expert legal guidance.

For many LGBTQ+ people, surrogacy offers an exciting and life-changing pathway to parenthood. Advances in fertility treatment, growing awareness of family-building options, and increasing social acceptance have enabled more LGBTQ+ individuals and couples to realise their dreams of starting or expanding a family through surrogacy. However, despite its growing popularity, the legal framework surrounding surrogacy in England and Wales remains complex and often misunderstood.

At Browell Smith & Co, we understand the unique legal considerations that LGBTQ+ intended parents may face throughout their surrogacy journey. Obtaining specialist legal advice at an early stage can help provide clarity, minimise uncertainty, and ensure that all parties involved are fully informed about their rights, responsibilities and expectations.

In this article, we explore why instructing a solicitor before entering into a surrogacy arrangement can help protect your interests, reduce the risk of complications, and provide greater certainty as you take this important step towards building your family.

Understanding the Legal Position of Surrogacy in England and Wales

Many intended parents are surprised to learn that surrogacy agreements are not legally enforceable in England and Wales. While a written agreement can set out the expectations and intentions of everyone involved, the courts cannot compel either party to comply with its terms.

Furthermore, the person who gives birth to the child is recognised as the child’s legal mother at birth, regardless of genetics. If the surrogate is married or in a civil partnership, their spouse or civil partner may also acquire legal parenthood in certain circumstances.

As a result, intended parents must apply for a Parental Order after the child’s birth to transfer legal parenthood.

Given these unique legal considerations, obtaining specialist legal advice from the outset is highly recommended.

Why a Surrogacy Agreement Still Matters

Although surrogacy agreements are not legally binding, they remain an important part of any surrogacy arrangement. A carefully drafted agreement can help ensure that all parties have openly discussed and documented key issues, including:

• Expectations during the pregnancy
• Medical treatment and decision-making
• Communication arrangements
• Financial arrangements and expenses
• Birth plans
• Contact after the child’s birth
• The intended Parental Order application

A solicitor can help ensure these discussions take place and that the agreement accurately reflects the intentions of everyone involved.

Protecting LGBTQ+ Intended Parents

For LGBTQ+ intended parents, legal advice can be particularly valuable because family structures may not always fit traditional legal assumptions.

A solicitor can advise on:

Parentage and Parental Responsibility

Understanding who will be recognised as the child’s legal parents at birth is essential. The position can vary depending on:

• Whether the surrogate is married or unmarried
• Whether donor sperm or eggs are used
• The relationship status of the intended parents
• The conception method used

Specialist advice helps intended parents understand their legal position before the child is born and prepare for the Parental Order process.

Donor Arrangements

Where donor sperm, eggs, or embryos are involved, additional legal considerations may arise regarding parenthood and future rights. A solicitor can help ensure that the intended family structure is properly protected.

International Surrogacy

Some LGBTQ+ intended parents choose international surrogacy arrangements. However, overseas arrangements can create significant immigration, nationality, and parenthood issues when bringing a child to the UK.

Obtaining legal advice before entering into an international arrangement can help identify potential risks and avoid costly delays later.

Minimising the Risk of Disputes

Most surrogacy journeys proceed smoothly, but misunderstandings can occur. Issues may arise regarding expenses, medical decisions, communication expectations, or post-birth arrangements.

A solicitor can help facilitate clear discussions at an early stage, reducing the likelihood of disputes and ensuring that everyone involved understands their roles and responsibilities.

Guidance Through the Parental Order Process

Obtaining a Parental Order is one of the most important legal steps for intended parents following the birth of a child through surrogacy.

The court will consider several factors, including:

• The relationship between the intended parents and the child
• The consent of the surrogate
• Payments made to the surrogate
• The child’s welfare

A solicitor can guide intended parents through the application process, ensure deadlines are met, and provide representation where required.

The Importance of Early Legal Advice

Seeking legal advice before entering into a surrogacy arrangement allows potential issues to be identified and addressed from the outset. Early planning can provide reassurance, reduce uncertainty, and help all parties move forward with confidence.

For LGBTQ+ individuals and couples embarking on a surrogacy journey, specialist legal support can be invaluable in navigating the legal complexities and protecting the future of your family.

How We Can Help

Our experienced family law solicitors advise intended parents, surrogates, and donors on all aspects of surrogacy law in England and Wales. We provide practical, sensitive, and tailored advice to help clients navigate the legal process with confidence.

If you are considering surrogacy or are already involved in a surrogacy arrangement, contact our team today to discuss how we can support you throughout your journey to parenthood.