houseIf you have been promised a share in a property, or done work or paid expenses that you believe should earn you a stake, you should see a solicitor immediately in order to formalise your entitlement. In one case where that did not happen, a man was left in danger of homelessness following his partner’s death.
The property where the couple had lived for several years, which was worth about £300,000, was in the sole name of the deceased, who had purchased it before their relationship started. The brother and sister of the deceased, acting on behalf of his estate, took the view that the man had no right to continue in occupation of the property and launched possession proceedings against him.
In ruling on the dispute, a judge found that the couple had reached an agreement four years before death intervened that they would pool their property and other resources. They had also made mutual promises to the same effect and the man had carried out extensive renovation works to the property in reliance on the assurances that he had received from the deceased.
In those circumstances, the judge found that it would be unconscionable to deny the man a share in the house. He directed a sale of the property so that the proceeds could be split 50/50 between the man and the deceased’s estate. Rent that the man should have paid since his partner's death was deducted from his share.