A dispute with your ex-partner over property can be emotionally and financially draining. Whether you were cohabiting or in a long-term relationship, the division of property – particularly real estate – can quickly become a source of tension.
Unmarried property disputes often carry complex legal implications in relation to ownership rights, especially where there is no formal agreement. Fortunately, there are several steps you can take to resolve the dispute amicably, without it escalating into a costly and time-consuming legal battle.
Understanding the law on property ownership
It is important that you understand your legal standing as, even though you were never married, each partner’s property rights must be determined based on ownership structure and contributions.
Joint Ownership – Where partners purchase a property together and are both named on the beneficial title, or where one partner is added to the title post-purchase, the property is jointly owned.
Where property is jointly owned, both partners will have an interest in the property. The way the property is divided will depend on whether it is held between you as joint tenants, or as tenants in common.
Where property is held as joint tenants, the presumption is that the proceeds of a sale will be divided equally between the parties, unless otherwise agreed.
Where property is held as tenants in common, the parties typically agree the shares that one another are entitled to from the outset. These shares should be set out in the title documents or a separate agreement.
Contributions whilst cohabiting – If a partner is not named on the title but has made significant financial contributions towards the purchase price, mortgage, or substantial maintenance or improvement to the property, they may be able to bring a claim. However, not all contributions qualify, so it is important to take specialist advice on your individual circumstances.
Co-habitation agreement – A cohabitation agreement is a legal document entered into by unmarried couples who live together. It outlines arrangements concerning finances, property, and where relevant, children, in the event of separation. These agreements can be a useful tool in resolving disputes.
If you are unsure about your legal position, it is recommended that you seek advice from a solicitor with expertise in property disputes between unmarried couples. They will be able to help you understand your rights and options moving forward.
Open communication and negotiation
The first step in resolving a dispute is communication. It is always best to try and avoid a lengthy and difficult legal dispute. Try to have an open discussion with your ex-partner regarding the property dispute and reach an amicable solution. This may not be easy as emotions can be running high, but open communication is crucial.
If open communication seems impossible, it may be worth engaging with a mediator or an impartial third party who could facilitate the conversation. Mediators are trained professionals who guide you through negotiations in the direction of a mutually acceptable resolution, often without the need for formal legal proceedings. Mediators are cost-effective and confidential.
Seeking legal assistance
If all attempts to amicably resolve the dispute have failed, or if your situation involves legal uncertainty or a lack of cooperation, legal advice may be necessary.
Our dispute resolution team specialises in unmarried property disputes and can assist you in understanding your rights, negotiating with the other party, and pursuing or defending a claim where required.
We can help you to navigate what can be a complex and stressful situation by helping you understand your legal position and what steps you can take next.
If you need to consult a specialist solicitor, please contact our team today on 0161 696 6178.
