Island knowledge, national expertise

Unmarried Parties - Property Disputes

Financial matters following the separation of an unmarried family can vary from simple to extremely complicated, especially with regard to property.

In fact, the majority of disputes following a relationship breakdown, whether the couple was married or unmarried, centre on the occupation or ownership of property.

Court Application

If there is a dispute concerning the ownership of the property, the usual way to resolve this is to make an application under the Trust of Land and Appointment of Trustees Act 1996.

The Court has the power to determine the extent of each party’s interest in the property. It can then order an immediate sale of the property or give one party the opportunity to buy the other’s share in the property.

Where the property is owned jointly, the Court is likely to support the legal title. However, if a property is owned by one person but their partner believes they have an interest in it, the Court will consider the facts and require supporting evidence.

A beneficial interest may be found and, to secure that person’s interest in the property, a declaration made to that effect.

Glanvilles Damant has wide experience in settling property disputes among unmarried couples.

We have solicitors who have been trained specifically in dealing with these claims who can advise you of your rights including any potential claims you or your partner may have. Get in touch today with any questions you may have.

 

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