Leeds: Protecting a client's share in a cohabitation property

Helping our client protect her position

During the relationship, our client did not pursue her share of the proceeds from the sale of her previous property because her partner reassured her that she need not worry. Although the home they shared was in his sole name, he told her it would also be hers.

Over the years that followed, she paid him substantial sums of tens of thousands, believing the money was going towards the mortgage. He also repeatedly said he would formalise her interest in the property, but no such document was ever put in place.  Once they had broken up, she discovered that her former partner had put the property on the market without telling her. Had the sale gone through, she would have received neither the money she had paid in nor any share of the proceeds.

Holly Wright, a solicitor in our Leeds team, acted quickly to protect our client’s position. Because the couple were not married, the usual protections available to spouses did not apply. Instead, Holly made two applications to the Land Registry – for a unilateral notice and a restriction against the property – to ensure the property could not be sold or transferred without our client’s interest first being considered. Both were registered successfully.  Alongside this protection, the case was strengthened by the evidence our client had retained. Emails and letters from over the years contained clear written assurances from her former partner that she would receive 50% of the property.

With said evidence, Holly negotiated firmly on our client’s behalf, with the aim of securing not only the return of the money she had contributed, but also the share of the proceeds she had been promised. The matter was resolved without the need for court proceedings. Our client reached a settlement in which she received half of the net proceeds of sale from the property. She recovered the money she had contributed over the years, and received an additional sum from the sale proceeds.

Holly went on to say:

“It is so important that cohabiting couples take legal advice on the implications of their cohabiting relationship. Many people believe that due to their time spent living together that they gain legal rights over time, which is not the case. Cohabiting couples represent the majority of the population in the current climate.

“Therefore, it is really important that individuals speak with a lawyer to understand what they would be entitled to in their particular situation and what options there are available to them to ensure they are financially protected.”