Claiming a share of a house from your ex-partner: Our client wins his battle in court as judge awards him 50% of the net proceeds of sale
The case involved the ownership of a residential property in north London which was registered in the sole name of the woman with whom our client had a lengthy relationship.
Shortly after the couple got together, they found a house to buy which was on the market for £85,000. Because neither of them could get a mortgage in their own names it was purchased in the names of the parents of our client’s ex-partner. The couple moved in together and our client says that his ex-partner’s father promised him an equal share of the net proceeds when the property was sold. This arrangement was confirmed a number of times by his ex-partner and she signed documents to this effect.
When their relationship broke down, our client remained living in the property for over a year. Our client then went to live in France in a caravan on a plot of land which he jointly owned with his ex-partner, while she remained living in the London house. In recognition of his interest in the London property she agreed to pay him the income she was receiving from a lodger in the house.
This arrangement continued until our client’s ex-partner discovered that he was in a new relationship. Without warning she stopped paying him the income from the lodger. He then discovered that the house had been transferred into her sole name by her parents and she was denying that he had any interest in the property. When he reminded her of the documents she had previously signed she alleged that she had only signed them because of improper pressure he had placed on her.
Our client was obviously unhappy about being denied his rightful share and he consulted our team for legal advice. We specialise in dealing with ‘beneficial interest’ cases. We assessed the case free of charge and agreed to take on his claim, working on a No Win, No Fee basis.
Attempts to resolve the dispute failed and the case went to trial at the London County Court. At trial the judge accepted that our client had told the truth and found in his favour, agreeing that he did have a legal interest in the property. His ex-partner was therefore ordered by the court to sell the house and pay him 50% of the net proceeds of sale, along with his legal costs. She also had to pay penalties for refusing to attend mediation and not accepting a reasonable offer that our client had made to settle out of court.
If you require expert legal guidance on claiming a share of a house from your ex-partner then give us a call on 0333 888 0404 or send an email to us at [email protected]
