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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7618
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner and I have been cohabiting for 13 years. Do I have

Resolved Question:

My partner and I have been cohabiting for 13 years. Do I have any rights over property he has purchased and wealth he has accumulated during the time we have spent together? We currently jointly own our main home and have 2 properties mortgaged in joint names and he has two other properties mortgaged in his own name. Is there any point in engaging the services of a solicitor or a barrister to assist me in securing some financial security for my future?
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.



Thanks for your question.


The basic position is that you only have rights in respect of properties upon which you are named as a joint registered proprietor. In the case of these properties you can apply to the Court for an order for sale if your co-owner does not wish to sell. These orders are rarely refused. In the absence of an agreement (eg. declaration of trust) there is a presumption that you own the equity in equal shares.


If you are 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) or have maintained the mortgage payments. If it is disputed then you would have to make an application to Court and this is neither simple nor cheap.


If you think you can negotiate a fair arrangement with respect to your jointly owned properties then I would attempt to do this in order to avoid making applications to Court. If you cannot negotiate fair settlement the you have no other option.


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Kind regards,


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