Your Legal Questions Answered
by Fariz Uvais
Fariz Uvais is a Consultant Solicitor at Fahri LLP based in Whetstone North London. Write in and ask your legal questions. Fariz will try and answer your questions in Palmers Green LIFE each month. Send your questions to Fahri LLP, 1268a High Road Whetstone, London N20 9HH or by email to fariz@fahrillp.com. Tel: 0203 813 8457 I have been with my partner for 11 years and we have lived together for 8 years. Our mortgage is in his name. We both work full time and have both paid the mortgage and all bills etc between us for the past 8 years. We have recently broken up but I still live at the property. I sleep in the spare room, although we share all the other rooms, kitchen, living room, etc. My partner says that I do not have any claim against the property because the mortgage and title to property is in his name. Is this correct? If you have contributed towards the mortgage payments from your personal
income, then the position taken by your partner is almost certainly wrong. However, this question raises many related issues which are impossible to cover in an article such as this and there fore you should seek legal advice as a matter of urgency. Even though a person is not a legal owner of a property because the title is not registered in his or her name, in circumstances such as those described in your question one may acquire an equitable interest in the property. Only a Court is able to determine the extent of the equitable interest held by a party and this in turn depends on all the circumstances specific to the case. Details
such as whether or not there were any agreements between the parties before the contributions towards the mortgage payments and/or the upkeep of the property, the nature of the relationship between the parties and many other relevant details are taken into account in determining the share of interest in the property that is awarded on this basis. The reason this type of an interest is referred to as an equitable interest is because the Court is engaged in bringing about a fair and equitable solution to a problem which would without the intervention by the Court end in unjustly enriching one party at the expense of the other.
Disclaimer: The information provided in this article should not be construed as legal advice and the information is offered for information purposes only. You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry.
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