Nowadays, many couples live together without being married or in a civil partnership. You’re in a relationship, you pay towards your joint living costs, you live happily in your own home. Unfortunately, however, despite the common belief that paying towards the same property means you both own it, the reality is very different.

Wirral Globe: Danielle Blaylock a solicitor specialising in Civil Litigation cases at Jackson Lees Danielle Blaylock a solicitor specialising in Civil Litigation cases at Jackson Lees (Image: Jackson Lees)

Danielle Blaylock is a solicitor specialising in Civil Litigation cases and she explains what can happen when two people don’t own a property together, despite both paying towards it.

“In relationships where people are paying equally for their living costs, there is an assumption that both people have the same rights to the property. Many people may believe that, because they both contribute toward the costs, they own the property jointly, sometimes referring to it as ‘our house’.”

Danielle continues, “this is, however, not the case from a legal standpoint and can have very serious ramifications. Ownership of a property doesn’t automatically pass to the other person who was contributing to the costs of it. In cases where the property that the couple is sharing is registered in one person’s name, it can mean that your future can become uncertain, should something happen.”

For instance, if the property isn’t registered in your name, what happens if you split up with your partner or, worse, they pass away?

Many individuals in this position find themselves without a home and having been asked to leave the place they consider their home. The reason for this is that, despite paying towards the property for many years, they do not have an automatic legal interest in the property. 

“This is extremely unfair, which is why case law has developed to protect people in these circumstances. The changes to the case law enable an individual to claim an interest in the property, and in some instances, the full property.

“What this means is that there is now a process that can help establish a person’s interest in a property, based on the payments made towards the property. If someone can show that they can establish an interest, then you can make an application to the court. This then enables a judge to vary the ownership of a property.”

Careful analysis is required when it comes to the discussions and intentions between the parties and, specifically, regarding the payments towards the property. It’s also important to note that not all payments made can be used to establish an interest in the property.

If you are, or someone you know is in this situation, then know that you do not have to go through it alone. Jackson Lees’ dedicated team is here to support you.  

If you would like to talk to one of our empathetic specialist advisers, you can call us free on 0808 296 3258 (also free to call from mobiles) or email enquiry@jacksonlees.co.uk. Alternatively, visit our website www.jacksonlees.co.uk

A Flexible Service

At Jackson Lees we understand that knowing where you stand is one of the most important things. In cases where things haven’t gone as you’ve expected, we can help you get clarity. We will provide you with expert, professional and sensitive legal advice, helping you deal with a wide range of civil litigations matters including dealing with Will disputes and contentious probate.

What Jackson Lees can do for you…

  • We have empathetic and experienced litigators to help you know where you stand
  • Three local offices to choose from:
    • Hoylake 0151 601 8797,
    • Heswall 0151 909 2785,
    • Liverpool 0151 909 5766
  • We also offer assistance if you are in a dispute regarding inheritance
  • We offer a range of funding options, including Conditional Fee Agreements
  • We can meet you at any office, as well as virtually

Let Jackson Lees make things a little easier for you and your family.  Contact our Contested Estates team to book an appointment or to chat through your requirements. Call us free from either a mobile or landline on 0808 296 3258.