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When unmarried cohabitees separate there is often a dispute around who owns the “shared” property.
The general starting point is that the couple’s equitable property rights will mirror the legal property ownership shown on the title register at the Land Registry. This means that if one cohabitee solely owns the property, there is a presumption that the “equitable ownership” will also solely be owned by that one cohabitee.
It is then for the other cohabitee to rebut the above presumption and prove that equitable ownership should be shared in a different proportion. Some examples of how an equitable interest can be proven are as follows:
If the non-legal cohabitee contributed towards the purchase price; or
If the non-legal cohabitee contributed towards bills or mortgage re-payments and both parties had the intention of this giving rise to a property right.
This can often be a lengthy and complex procedure but if you would like any further information on your rights as a cohabitee, please contact a Family Law Solicitor based in our Wolverhampton Office on 01902 328 355.
George Green have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond. If you complete our online enquiry form, a member of our team will contact you for an initial discussion.