Cohabiting - who owns what?
Cohabiting couples often share their assets and money, but the absence of legal formality in such situations is a common source of dispute when relationships come to an end.
This was the situation in one case in which a woman successfully fought off her ex-partner's claim to a stake in her property portfolio.
The woman owned three properties. Following the acrimonious end of their relationship, her ex-partner claimed that they had treated their assets as a 'single pot' when they were together. In what he described as a joint venture, he said that he had put much money, resources and physical effort into renovating one of her properties in particular, rendering it fit for human habitation.
In rejecting his claim, however, the First-tier Tribunal found that he had fallen far short of establishing that there was a common intention that he should have a share in the properties, which were held in her sole name. He had made no direct contribution to mortgage repayments and there had been no pooling of money.
Although the repair and maintenance work he carried out was not insignificant, it was a reflection of his desire to assist her whilst they were living together as husband and wife and was not attributable to any pecuniary self-interest on his part. She had continued to take sole responsibility for her properties, paying all outgoings, and had never promised him that his work would earn him a share in them.
This article was written by Rex Cowell. It was published as 'Cohabiting couples - who owns what?' on 24 March 2016.
See other articles by Rex Cowell here.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Commonwealth Heads of Government Meeting update.
Declaration prioritising sustainable urbanisation adopted.
A small hidden, often distant but key building component.
Some brief words about the actuator.
CIAT Chief Executive steps down.
After 34 years at the Institute.
Volunteer opportunity launched by the ICE
To support the next generation of engineers.
Provisional findings show illegal cartels in the industry.
CIAT reporting from the Competition and Markets Authority.
Making sustainable construction number one priority.
The future of construction report.
Interview with ECA CEO.
Many provisions came into force on June 28, 2022.
With room to expand.
An information packed session at the BSRIA conference.
Refurbishment, Energy Efficiency, Indoor air and process.
Considering building acoustics with the AT Journal.
Why building acoustic considerations must be non-negotiable.
Create a profile, write informed product articles and share.
Aluminium Composite Panels (ACP) is one example.
Top 50 Women in engineering 2022.
Inventors and innovators at ICE.
Life, death and art at the Stuart court. Book review.
Real estate, place adaptation and innovation.
Review and comment on the revised draft before July 11.
We are indeed now 10 years old, so go on and be bold !
Write about something you know, help us build and grow !
IHBC's 25th anniversary 2022 Aberdeen School.
A blended event and triumphant return.
New Construction Leadership Council Co-Chair selected.
Mark Reynolds succeeds Andy Mitchell as Co-Chair of CLC
Designing Buildings is 10 years old.
Types of work to existing buildings.
From alteration to deconstruction on DB.
Publication available
Changes come into force for F,L,O and S.