Property disputes between cohabitees
Jointly owned property
If you jointly own property with an ex-partner your interest in the property is likely to be expressly declared in the title deeds. In this event, even if you made a greater financial contribution you might not be entitled to a greater share than what is stated in the transfer, unless there has been a fraud or mistake.
What if there is no express declaration of ownership?
If there is no expressed declaration of ownership in the title deeds or the legal title to the property is held in your ex-partner's sole name, you may be able to establish an interest in the property based on either:
- Your direct financial contributions towards the property e.g. payments towards the mortgage or improvements to the property; or
- Your common intentions whether express or implied about the ownership of the property.
Quantifying your beneficial interest
The size of your beneficial interest will depend on whether there was an expressed common intention about the size of your share. If there was no expressed intention, your share is likely to be quantified based on your financial contributions or implied from all the circumstances of your case.
Further advice
This is a complex area of law. If it applies to you it is always advisable to obtain expert advice. If you need more detailed advice about establishing your interest in property call us on (01228) 829530 to arrange an initial consultation or request a free call back.
