COMMON LAW PARTNERS
Property Owned by Parties Who are Not Married
Are you buying a home with a common law partner - someone you are not married to, or in a civil partnership with?
It is important that you take independent legal advice before you finalise your arrangements. Remember that later disputes over ownership can be as complex, if not more so, than disputes between married couples or civil partnership couples.
We can advise you fully on your rights and the pitfalls involved in such a purchase of property, and the law covering any potential disputes. The recent House of Lords ' case of Stack - v- Dowden is now the leading case in this field.
The case established the following:
- In any dispute over jointly held property between unmarried couples (and those not in a civil partnership) the party who wishes to dispute the ownership as set out in the deeds must prove his or her case. The onus, in other words, is on the disputing party to prove his or case that the title deeds are not correct.
- The Courts will first generally assume that the property is held equally and jointly: i.e. there is joint beneficial ownership.
This assumption can be displaced by evidence to the contrary, e.g.
- Discussions between the parties at the time of purchase and any documents prepared.
- The purpose for which the home is purchased i.e., for the parties and children before the event.
- The nature of the parties relationship.
- How was purchase financed?
- How were finances managed afterwards?
- Where the title deeds show only one owner (sole legal ownership) the onus is on the non-named party to show he/she has an interest in the property and the extent of that interest.
YOU SHOULD THEREFORE TAKE LEGAL ADVICE AS SOON AS POSSIBLE, AND IDEALLY BEFORE THE PURCHASE.
We can advise you on your rights, and prepare a trust deed that will set out clearly the interests of all parties involved in the purchase of the property.
Please contact John Edwards or Mrs. ABEY in our family department for further information.
