Hi

Thanks for your question.
The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/food to a total that is more than you would otherwise have paid in private rented accommodation in the area.
So, if he has paid for the mortgage payments and this is more than the amount he would have paid in private rented accommodation then this is something which could form the basis of a claim for an interest in the property.

He would have to make an application to Court under the Trusts of Land and Appointment of Trustees act, for which he would need to instruct a solicitor and pay legal fees. This can be quite expensive and each case turns on it’s own facts so success is not necessarily guaranteed.

If he is not minded to make an application under the Act he won’t be able to claim an interests. If he does make an application under the act by instructing a solicitor then she will have to see how it plays out by defending the claim .
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Kind regards,


Tom