Often the first thing to think about if you are separating from your partner when you live together is what happens to the house. This will largely depend on who owns the house.
If the house is owned in joint names, the starting point is to work out whether you are joint tenants or tenants in common. If you own the property as tenants in common (whether 50:50 or in unequal shares) the share you are entitled to is usually the same as specified when you bought the property or subsequently entered into a written agreement or Deed. Often if you have agreed to own as tenants in common in unequal shares, a declaration of trust is entered into. Other times you may have simply opted for a 50:50 share. Usually you are entitled to whatever amount your beneficial ownership is expressed as, but there may be some exceptions to this.
If you own the house as joint tenants, you both own the house 100% together. In that situation you haven’t specified the exact amounts, or beneficial interest, you are each entitled to. The assumption is that it would be shared equally, but there may be arguments to say that would be unfair. This can sometimes make things more complicated, and it is important to get expert legal advice to understand your rights and options.
If the house is only owned in one of the couple’s names, the question will then be whether the non-owning partner has what is called a beneficial interest in the property. Sometimes, someone can acquire a beneficial interest in a property because they have contributed towards the deposit or the mortgage payments, they may have paid for some renovation work to the house like a new bathroom or kitchen, or they may have given up their own home in reliance on promises made that this would become their family home. Claiming a beneficial interest can be complex and it is really important that you take expert legal advice to understand your rights.
For more help or information unmarried couples separating, or the legal ownership of your property, or to book an initial no obligation telephone call, please contact Rowlinsons Solicitors and ask to speak to the Family Department.