Unmarried Property Disputes

Often, after a relationship with your partner breaks down, one of the hardest things is trying to navigate the separation of any financial assets, in particular properties. Whether the property is jointly owned, or is in yours or your partner’s sole name, we can help.

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When parties first purchase a property together, they usually decide to hold the property either as Joint Tenants, or Tenants in Common (either in equal or unequal shares). When the parties separate however, they can sometimes disagree on who is entitled to what share of the net equity on the Property. There can be a lot of factors to then look at, to determine this.

Depending on what decisions were made at the time the property was purchased, and what advice the parties were given, there can be ways to claim more than what your ex-partner says that you are entitled to. This can be especially the case if you have contributed more to the purchase price for the property, or made significantly more contributions to the capital mortgage payments than your ex-partner did. Also, if you paid more than your ex-partner for any significant home improvements to the property, that have resulted in its value increasing, you may be entitled to a larger share of the net equity.

Even if the property is registered in the sole name of one of you, if the other has then made any financial contributions to the capital in the property, or substantial home improvements, that person could have a claim against the equity, even if they were not the legal owner.

This is a very complex area of law, that often usually requires a detailed look at the Land Registry documents for the property, as well as the solicitors’ file from the purchase, and gathering evidence of financial contributions etc. Discussions between the couple during the relationship, and any promises made, can be key evidence to show what the common intention was between the parties.

It may be that there is no disagreement over the division of the equity, but that one party is refusing to move out of the property or sell it. It may be that one party has been excluded from the property but is still paying their share of the mortgage. In those cases, it might be necessary to issue a claim for an Order for Sale of the property. We can assist you with this, and advise the best route to proceed, and whether you are entitled to occupational rent.

One of the most common misconceptions is that these types of claims fall under the Family Law court rules. However, if the couple were not legally married or in a civil partnership, these claims are brought under the Trusts of Land and Appointment of Trustees Act 1996, and fall under the Civil court rules, which are very different to the family court rules. They therefore require a specialist solicitor to help you navigate.

Whether you are bringing or defending an unmarried property dispute claim, we will always advise you on the best route for you, which may not always mean court proceedings. We can assist you in negotiating with your ex partner, and with mediation if that is appropriate, as court proceedings should always be the last resort. If proceedings do become necessary however, we are then there to support you.

We offer an initial free, no obligation, 30 minute consultation with one of our specialist lawyers if you want to discuss your case, and a wide range of funding options.