When a relationship ends the temptation can be to leave the property without dealing with any financial claims which may arise.  If you are married, those financial claims remain open until a court order is made to bring those claims to an end.  This can mean that a spouse benefits from any increase in the value of assets including shares, pensions and property. There have been cases where financial claims have been raised many years after separation and have resulted in a successful outcome.

When you are not married, any financial claims may be limited to the property you have lived in together.  Leaving the property without dealing with financial issues, could prejudice your case.

This happened in a recent case, when the ex-partner of a woman sought a share in the sale proceeds of the house they had lived in before their break-up several years previously, the court had to decide whether or not he had abandoned his interest in the house.

The couple had lived together for several years and bought a property in joint names.  When they separated, the female partner carried on living in the property and paid all the costs, including the mortgage. The woman fell into arrears on the mortgage and the property was repossessed. When it was sold, there was a surplus and her ex-partner claimed a share.  She contended that the original intention was to hold the property jointly but he had abandoned his interest in it when he left. He had moved out of the property without leaving her a forwarding address or notifying the bank that held the mortgage. Nor had he made any attempt to discuss the situation with his ex-partner.  The Court decided that he had abandoned his interest in the property, his behaviour clearly showing that his intentions toward his ownership of it had changed and he was not entitled to a share of the sale proceeds.

If you are buying a property with another person, there are a number of ways of protecting your interests. For further information, please contact our family team on 0121 698 2200 or fill in our online enquiry form.

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