My partner and I own a property 50/50. Is it possible for our share in the property to change so that I am entitled to more than 50%?
If there is an express provision in the transfer document or in a declaration of trust the parties will be bound by those terms unless they can establish:
- that the declaration was invalid or incorrect; or
- that there has been a subsequent variation.
This will be very difficult, but in some cases may be possible. If you think your circumstances may fit, please give us a call to discuss further.
My partner and I jointly own a property. He moved out and I have continued paying the mortgage. Am I entitled to a greater share?
Paying the mortgage or other household expenditure does not entitle you to a greater share of the equity.
You may however be entitled to compensation for the money you have spent by way of “equitable accounting”. This allows the Court to make adjustments to the money received by each party, even where shares are fixed.
Included in equitable accounting can be payments towards the mortgage or in some cases improvements to the property, or an obligation on one party in occupation to pay occupation rent to the other party post separation.
My partner and I are splitting up. They are refusing to sell the property we own jointly. Can you help?
Yes. This is a classic case where an application can be made to the Court to order a sale of the property and for a determination as to how the proceeds of sale are to be divided.
I have separated from my partner who I have lived with for years in a property in his sole name. Am I entitled to anything?
It is possible for a person who is not the legal owner of a property but has nevertheless made certain types of contribution towards it to acquire financial interest in it. This is however, a potentially complicated situation which would turn on the facts of each case.
If you are in this situation please give us a call to discuss.
My ex-partner and I were engaged and I lived in his property. We have now split up. Am I entitled to any share of his property?
When a couple terminate their agreement to marry, property in which either or both had a beneficial interest during the engagement (including his property) is subject to the same rules as determine the rights of husbands and wives in equivalent circumstances.
This includes section 37 of the Matrimonial Proceedings and Property Act 1970 which provides that where a spouse contributes in money or money's worth to the improvement of real or personal property in which either spouse has a beneficial interest, the contributing spouse (subject to any contrary agreement) acquires a share or an enlarged share in the property.
The question will be whether you contributed in money or money’s worth to the property. Please do give us a call to discuss in further detail.