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shares in the sale of a property
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my sister and her partner are splitting up and selling their house. it is only in his name but they have lived there together for 23 years and have two grown up children. the house was built from new and our father helped them build it. there is no mortgage on it (due to previous house sales). he pays all the bills from his account, she buys food etc. he pays full council tax, proving there is more than one person living there. she is on the electoral roll and all her bank statements, credit card bills etc go to the address. he says she is not entitled to any of the proceeds of the sale. is this right?
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If the property is in the sole name of one party then ostensibly it remains that person's property on separation, unless the other party can establish that there was a common intention that they would be entitled to a share in the property.
How do they do this? Well this may have been agreed in a simple conversation, or in writing between the parties at some time (proving it tends to be the problem!) if the other party directly contributed to the purchase price the courts are likely to accept that at least part of the property should have been in their name; and finally if there has been an understanding between the parties and the non-owner has acted to their detriment as a result (eg contributed to mortgage repayments, paid household bills, or, perhaps, sold their own property) then the courts may agree they should share in the property.
Does she have a solicitor?
If the property is in the sole name of one party then ostensibly it remains that person's property on separation, unless the other party can establish that there was a common intention that they would be entitled to a share in the property.
How do they do this? Well this may have been agreed in a simple conversation, or in writing between the parties at some time (proving it tends to be the problem!) if the other party directly contributed to the purchase price the courts are likely to accept that at least part of the property should have been in their name; and finally if there has been an understanding between the parties and the non-owner has acted to their detriment as a result (eg contributed to mortgage repayments, paid household bills, or, perhaps, sold their own property) then the courts may agree they should share in the property.
Does she have a solicitor?
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