Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Friday, 7 November 2008


Cohabitees Presumption of joint ownership

M(ale) and F(emale) bought a home in joint names. M paid the deposit, the joint mortgage and the bills. No declaration of trust was completed.

When their 23+ year relationship came to an end, M argued that the property had only been put in joint names as he wanted it to pass to F on his death.

The Court of Appeal held that in the absence of an express agreement, one must presume joint equitable ownership and therefore it was for M to rebut that presumption

He did not succeed because:

M never told F that M only wanted F to own the house if he predeceased her. There was therefore no shared intention

Contribution to other household expenses permitted an inference that the parties treated their incomes and assets ‘as one pool from which household expenses will be paid’


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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).