Does a former partner who is not on the mortgage have any right to a property when it’s sold? This is the question solicitor Anne-Marie Smith is tackling in this week’s Legal Q&A
The Question
I’m in a tricky situation and would appreciate a legal perspective on this, please. I bought my home five years ago and have been paying the mortgage by myself for the entire time I’ve owned and lived in the property.
Three years ago, I met my (now) ex-boyfriend and he moved in with me in 2022. To begin with he helped a bit with finances – paid for shopping and gave me some money towards the odd bill when I asked him.
Long story short – we split up a few months ago and he moved out. But there’s a problem – because I’m in debt, due to paying for much of his living costs, I am struggling to afford the mortgage, especially with rates increasing now. So, I am looking at selling up and moving to a smaller property.
My ex has caught wind of this and is now demanding I pay him a percentage of money from selling the house. He said, because he helped with some of the bills, he has a right to his share!
Is he right? I am starting to question my sanity!
Anne-Marie’s Answer
Firstly, unlike married couples, cohabiting partners have no automatic rights to one another’s property, assets, income or pensions upon separation.
As the property is held in your sole name, the legal presumption is that you would keep all the sale proceeds when you sell it.
If you had entered into a cohabitation agreement (potentially with a Trust Deed) when your partner moved in, then the terms of that agreement should be considered to establish the agreed impact of any payments made by your former partner, and whether it provides for your former partner acquiring (or not acquiring) an interest in your home. You have not mentioned this, and so it is presumed you do not have such an agreement.
Your former partner seems to think that payments towards shopping and the odd payment towards bills entitles him to a share of your home. Payments towards shopping would not mean that he has acquired an interest in the property as these payments aren’t related to the purchase, costs or improvement of the property.
However, if your former partner made payments, in particular towards any bills which related to the property directly, the crucial question is ‘what were your respective intentions regarding the payment?’
Essentially, it comes down to whether you agreed that by making these payments, your former partner would acquire an interest in your home and that despite it being in your name, you both considered it to be a joint property?
Any agreement can be in writing, such as by emails/messages, or verbally, such as by way of remote or in-person conversations. What someone may or may not have said can be difficult to prove.
If there is evidence of direct discussions between you, then your former partner’s entitlement will generally be in line with what was agreed between you. If you agreed, for example, that he would get his money back if you separated, this would be evidence of your intentions.
If there were no discussions beyond your former partner agreeing to make the payments, a Judge would look at the whole course of dealings between you, such as how much your former partner paid and whether your finances were pooled in any other way.
Another factor that the Court would look at is whether your former partner acted to his detriment in reliance of his understanding that he had an interest in your home. An example would be if he didn’t buy his own home as there was an understanding that he owned a share of your home through his payments.
As you haven’t mentioned any agreement between the two of you that your ex-boyfriend would acquire an interest in your home by making payments and as these were towards shopping and the odd bill, it is unlikely that he has any interest in the sale proceeds.
It is anticipated that you both intended the payments to be simply a contribution towards the costs of your former partner living in your home. If he had paid towards the mortgage or for renovations, the position would likely be different, and he would be more likely to acquire an interest.
However, we would always recommend that you speak to a specialist family lawyer who can discuss the payments made and what they were intended to represent. It is only by taking a detailed chronology that we can provide specific advice.
Hindsight is of course a great thing! However, to avoid a similar situation from possibly arising in the future, say if you meet a new partner who you wish to live with, we would always advise that you enter into a cohabitation agreement (and / or a Trust Deed as appropriate), drafted by a specialist lawyer.
This would provide clear evidence of your intentions regarding any payments made towards a property, whether in joint names or your sole name. This will give you as much protection and peace of mind as possible.
Anne-Marie Smith is a family solicitor at Parfitt Cresswell Solicitors
