If your home is owned solely by your partner, they are the only one who is entitled to live there – anyone else can be asked to leave. They can also make decisions – such as selling the property – without consulting you. However, even in such circumstances, it is possible to acquire some rights. Where you have financially contributed to the mortgage/deposit you may have obtained a beneficial interest in the property. To do so may require making an application to court for a declaration of your respective beneficial interests in the property, and it requires you to demonstrate to the court that you both agreed that you should have an interest in the property. In the absence of such an agreement the court can impute one on the basis of your actions. Legal advice should be sought if this is applicable to you.
Vardags is a top family law firm that specialises in complex cases often involving an international element. If you cannot find answers to your questions here, please consult our ‘family law guide‘ for further information, call us on 0207 717 9979 or email