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No Presumption of Equality

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

When a couple heeded the advice of their mortgage adviser and put the property they bought together into only one of their names, an eventual dispute over who owned what was always a possibility.

The man paid all of the bills relating to the property, including the mortgage. The contribution from his partner was £100 per week, which went towards the general housekeeping expenses and towards the maintenance of their two children.

When the question of their relative interests in the property came to court, the judge found that the man’s share should be 90 per cent and the woman’s should be 10 per cent.

The female partner appealed, arguing that the property should be split equally.

The Court of Appeal found that there was no legal presumption that the property had been intended to be jointly owned and, even if there had been, there was no evidence that their interests would be equal.

The original finding of the court was confirmed.

“This case shows how important it is to make sure that when you buy a property, the respective interests of each purchaser are agreed and documented,” says Mark Brown

If you are considering buying a property with your partner, contact us for advice.

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