When advising unmarried couples about property rights after separation, it is important to make clear that they do not have the same legal protections as couples who are married or in a civil partnership. In particular, there is no automatic right to claim a financial settlement, regardless of how long the relationship lasted or whether the couple have children together.
However, all hope is not lost. If you are an unmarried couple and the home you lived in throughout your relationship is in your ex-partner’s sole name, you may be able to make a claim regarding your beneficial interest in the home, which will be determined in accordance with The Trusts of Land and Appointment of Trustees Act 1996.
There are two main ways property can be held:-
- As joint ownership as joint tenants or tenants in common
- Sole ownership by one party to the relationship only
We lived together during our relationship but the house was in my partner’s sole name, do I have any rights?
Disputes about beneficial interests often arise when the property is legally owned by only one cohabitant. The non-owning partner may still have a beneficial interest if the legal owner has made a valid written declaration of trust. This declaration must confirm that the property is held beneficially for both partners and set out each person’s respective share.
If there is no express trust, then you may be able to claim a beneficial interest by establishing either:-
Constructive trust. This may be established when the non-owning cohabitant has contributed to all or part of the purchase price, or the deposit; or where one party spends significantly more on renovations and essentially increasing value of the home.
Proprietary estoppel. This is a remedy that may be used in cases whereby a non-legal owner may be able to establish that the legal owner has led the non-legal owner, either by words or conduct, to believe they have a beneficial interest in the property.
Can I apply under TOLATA?
The burden is on the person seeking to establish that the beneficial interests of the parties is different from their legal interests registered at the land registry when applying under The Trusts of Land and Appointment of Trustees Act 1996, you must be able to show:-
- Common intention that the property would be owned jointly
- Detrimental reliance on this intention by the non-legal owner
Court proceedings should be a last resort where it has otherwise not been possible to resolve the dispute.
What are the next steps?
If you are or were in a cohabiting relationship and want to know what your legal rights are to property upon separation, or would like to know whether you can make a claim under TOLATA, get in touch and speak with one of our legal experts today.
Unmarried couples Legal property rights upon separation infographic