Reply To: Beneficial interest

#9000
petedavies
Participant

Likely but not obvious from what I can see and its a potential nightmare anyway:

Legal ownership is pretty much beyond doubt but beneficial…

I assume the former partner knows the address of the property your claimant owns? If so an office copy should demonstrate this.

Does not putting up capital mean she did not contribute to the deposit or did not help with the mortgage either. Was there any agreement between them regarding the property while they were still together and if so how is it evidenced?

Not sure whether the courts would treat it as jointly owned property, I think that it partly depends on how long the relationship had existed.

Has she been paying rent to her former partner – if not was she living there with his agreement or as discharge of his responsibilities as an absent parent under the matrimonial causes act? – if not (depending on when he transferred the property to her father) he may well have lost the ability to enforce any rights over the property but and she could, in effect, have the whole kit’n’kaboodle 12 yrs after he moved out.

Also, transferring a mortgage for a few thousand pounds?