Every person who has cohabited with a partner whose name was not on the mortgage should take note that an appeal judge has ruled that a man who split with his other half over 16 years ago is entitled to half of the property even though he never paid out for the mortgage himself.
What may shock people most is the period of time that has lapsed since the relationship finished and the fact that one partner still has a call on the other's assets, so long afterwards.
Lord Justice Wall concluded that conveyancing lawyers should take note of this cautionary tale and advise their clients accordingly. Conveyancing in Cheshire needs to take note.
All unmarried partners considering buying a residential property together need to be aware of this judgment.
In this cited case the male partner put down a hefty deposit to purchase the property but the female partner was the one who paid the mortgage for the 8 years they were together. To many the judgment of this legal action does not represent fair justice but the law remains clear, that in cases of living together relationships both parties are within their rights to their share of the assets.
The under pining issue in this case seems to be that the couple bought the house as "joint tenants" where the property is owned in equal measure by both individuals but if one passed away their half passes to the remaining living partner . If they had bought as "tenants-in-common" one could have left their share to who ever they wanted to. Most partnerships however do not go down this route because they never believe that the relationship will end.
Conveyancing specialists Drummonds in Cheshire advise that couples need to be fully aware of the legal standing when they buy a property jointly and in full possession of the facts before entering into cohabitation .
Drummonds will inform clients on these issues and advise on the best course of action to protect the parties involved, especially where one or other is putting more of their own assets into the property.
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