The Question
I have lived with my partner for five years and we are separating. We currently live together but it was my partner’s home before we moved in together.
My name isn’t on the mortgage, but I have contributed to household bills – this is through sending my partner the money to his bank via transfers.
Am I still entitled to any money from the property or do I have to just walk away with nothing?
Eve’s Answer
The starting place is to consider how the legal title to the property is held. In this matter, it appears to be held in the partner’s sole name.
It is then important to consider whether there is any Declaration or Deed of Trust and/or Cohabitation Agreement, setting out the parties’ beneficial interests in the property (should these be different to the legal ownership). It appears that there is not, in this matter.
In some circumstances it is possible to argue that a beneficial interest has been carved in a property, whilst not defined in a written document, by way of direct financial contribution to the property or in some circumstances indirectly, through labour or work undertaken to the property and/or by way of express assurance.
For example, a party may have discharged or contributed to the mortgage repayments, financed repairs or renovations to the property – which have enhanced the value, or potentially invested time in undertaking said repairs or renovations for the same purpose.
In such circumstances, the party may be able to argue that they have created a beneficial interest by way of a Trust. It can sometimes be evidentially difficult to demonstrate the above, and in this matter, if the party in question has made unclassified payments into their partner’s bank account, which cannot be directly linked to the property / mortgage, the party may well be in some difficulty demonstrating that they have a claim / a beneficial interest.
If the partner has made assurances to the party that they will acquire an interest in the property, and this has been relied upon by the party to their detriment, it may be possible to argue that it would be unreasonable for the partner to renege on their indication. This is called ‘Proprietary Estoppel’.
Any disputes between cohabitees concerning property, which cannot be resolved outside of court on a consensual basis, may be referred to the court for determination pursuant to the Trusts of Land and Appointment of Trustees Act 1996. The court can be invited to make decisions about ownership and beneficial interests, as well as whether a property should be sold.
If the parties have children together, it is sometimes possible to pursue a Schedule 1 (Children Act 1989) action, for financial provision for children, which can include housing.
Eve Geere is partner, head of family & family law solicitor at Parfitt Cresswell
Eve specialises in Family Law matters, including children, divorce/dissolution of civil partnerships and the associated financial remedies, domestic abuse and matters associated with cohabitation.
She is known for her empathy, her outstanding communication skills and what she describes as her determination ‘to help others find their voice and be heard’.
