Unmarried Property Dispute Rights in London

Navigating an unmarried property ownership dispute in London can be complex, particularly when your ex-partner’s property is in their sole name. The legal rights to a property are determined by the title deeds and the beneficial interest in the property.

If you are involved in an unmarried property dispute and one party is not named on the property ownership title deeds, it does not necessarily mean that you have no claim to your ex partner’s property.

Do you need help with an Unmarried Property Dispute? Book a Free Consultation Call by calling 0208 185 0990.

Can I claim ownership of my ex partner’s property if it is solely owned by them?

The Court may accept such a claim if it considers you have a beneficial interest in your ex-partner’s property. The Court will take into account the contributions made by both parties during the relationship before deciding on the unmarried property dispute. For example, if your ex-partner is the sole legal owner, but the property was bought with the intention that you and your partner would share the beneficial interest, and it would be ‘our home’ or ‘our family home’, then you could make a claim for your respective share.

If any contributions have been made to maintain and improve the value of the property then this can be used as evidence. All of this creates constructive trust, which allows a party to claim they have a beneficial interest in the property. However, if you have only made minor contributions i.e. mortgage payments or utility bill payments, or have not contributed at all, it may be more difficult to claim a share in the property.

It is also important to note that the length of the relationship and the living arrangements may also be taken into account. For example, if you have lived in the property for a significant amount of time and have children together, this may strengthen your claim for a share in the property.

In conclusion, if you are considering claiming a share in your ex-partner’s house, it is important to seek legal advice and understand your legal rights. The courts will consider various factors when determining the beneficial interest in the property, and it is essential to have a clear understanding of your contributions towards the property during the relationship.

How can I legally claim a share of my ex-partner’s property if it’s in their sole name?

Claiming a share of your ex-partner’s property in London or in England and Wales, even if it’s insole name, requires a solid legal foundation. While it can be challenging, legal avenues exist to establish your entitlement. One approach is demonstrating a ‘constructive trust’ showcasing your financial contributions which will support your claim in a property ownership dispute.

You may be entitled to make a claim for a declaration of the constructive trust and beneficial interest in the property or an interest as the Court deems fit. The Court has a wide range of powers. For this reason, it is important to seek independent legal advice at an early stage.

How much will a claim for an unmarried property dispute cost?

For property ownership disputes, we offer a number of funding arrangements such as Fixed Legal Costs Litigation. During the Free Consultation Call, the initial stage will be quoted on a fixed fee basis. Please note in the majority of cases the successful party will be able to recover 70% of the legal costs from the losing party.

Parties involved in a property ownership dispute should consider whether early mediation is a possibility to negotiate a settlement. Mediation can be highly successful. For more information, read our blog Mediation and Alternative Dispute Resolution (ADR).

How Can I Safeguard My Rights?

Securing your entitlement to a property is achieved by formally defining those rights early in the process. While such discussions may pose challenges, or cause friction in the relationship, they are significantly less burdensome and costly compared to engaging in legal disputes post-separation. Several avenues exist to fortify your interests:

Cohabitation Agreement: This legally binding contract outlines the terms of property ownership and the distribution of assets upon separation. This is similar to a pre or post-nuptial agreement by married couples. Its scope can range from the allocation of all relationship assets to specifying actions upon the sale of a particular property.

Declaration of Trust: A document similar to a cohabitation agreement, but solely focuses on a a property. This document can be executed when the property was purchased or any time after. Often utilised for significant purchases like a home or rental property, it ensures clarity, especially when one partner wishes to exclude the other’s claim over a particular item.

What Happens In Unmarried Property Dispute when Children are Involved?

The paramount concern of the court during separation is ensuring the welfare of any children from the relationship. Ideally, the separating couple should collaboratively agree on living arrangements and contact schedules for the children. In instances where an agreement is unattainable, an application for a Child Arrangements Order can be pursued. Addressing financial support for the children, if necessary, is typically managed through the Child Maintenance Service.

I’ve Separated from my Former Partner, and the Property is in His Sole Name. Can I make a Claim?

While the legal owner of a property holds a primary right of ownership, it is conceivable for someone not named on the title, but who has made substantial contributions to acquire a financial interest.

Navigating this potentially intricate scenario is case-specific and demands a meticulous examination of the unique facts in each situation by a property dispute solicitor. Seeking legal advice is imperative to effectively navigate this potentially intricate scenario.

Unmarried Property Dispute – Case Study

Mr Usman Anwar, Legal Director at Anwar Legal, acted in an unmarried property dispute relating to a property in Ilford, Greater London worth £485,000. The property was registered in the sole name of the man with whom our client had a lengthy relationship and two children.

Our client was informed that the property being purchased was ‘our home’ and ‘our family home’. Once the property was purchased, the man asked our client for a contribution towards a large extension of the family home. Our client contributed towards the extension of the property which increased the value of the property in London.

The relationship broke down and the man denied our client had any interest in the property. Following, a Letter of Claim the parties entered into negotiations. The claim was settled with our client receiving payment of £33,500 including payment of legal fees.

Conclusion

In conclusion, if your ex is rejecting you have interest in a property, you may have the right to apply for an order for sale or declaration of your beneficial interest. An unmarried property dispute can be complex. However, it’s important to seek legal advice to ensure that you understand your rights and options.

Contact Us

If you are seeking a property disputes lawyer, we can help with your case. To book a Free Consultation Call, with Mr. Usman Anwar Legal Director, you can complete the Contact Us Form or call us on 0208 185 0990

Still not convinced? Read some of our client’s success stories and testimonials on how they settled their disputes using our legal service.