• Overview
• FAQS
• • The house is in my partner’s name. Do I have an interest?
  • How can I prove what we agreed?
  • What about paying the bills and buying the food?
  • What if we have children? Does this make a difference?
  • Our house is jointly owned. Am I only entitled to half?
  • My partner and I have reached an agreement in respect of our property and children. Do we need to have this drawn up in writing?
  • What if I enter a new relationship? Is there anything I can do to help avoid a dispute if that relationship were to break down?
  • Do I need to make a Will?
  • How much will it cost?
• Contact FLC

Separation: FAQs

The house is in my partner’s name. Do I have an interest?

In the absence of a written legal agreement saying otherwise, the basic legal position is that, where only one of the parties owns legal title to the property, that person is entitled to 100% of the property. However, you may be able to establish you have an interest in the property if you can prove that you and your partner intended your actual interests to be different from your legal interests and, if so, to what extent.

How can I prove what we agreed?

The Court will generally infer an agreement for you to have a share, if you have made a direct financial contribution, such as a deposit on purchase or payment of the mortgage. You may also be able to establish a share if you have made an indirect financial contribution, for example by paying for substantive home improvements, although in this instance your interest may be limited to the actual amount that you have contributed.

What about paying the bills and buying the food?

Payment of household bills and groceries alone is generally considered insufficient for the Court to infer that there was an agreement for you, as an unmarried non legal owner, to have an interest.

What if we have children? Does this make a difference?

Non financial contributions (such as caring for children or looking after the house) will not generally give rise to a share, despite the economic worth of such contributions and the sacrifice made by the party undertaking them. However, you may be able to apply for an Order to preserve the property as a home for you and the children until the children turn 18 or finish their education. Similarly, even though your partner would not be liable to pay you any maintenance for yourself, he or she will be liable to pay maintenance for the children, the level of which will be subject to their income.

Our house is jointly owned. Am I only entitled to half?

Generally, yes. Again, in the absence of a written legal agreement saying otherwise, the basic legal position is that where there is joint legal ownership of a property, each person is entitled to 50%. However, if you believe you should have a greater share, then the onus is on you to prove that you and your partner intended your actual interests to be different from your legal interests and, if so, to what extent. In the absence of an agreement, although not necessarily a written legal agreement, even a greater financial contribution to the purchase of the property will not necessarily entitle you to more than 50%.

My partner and I have reached an agreement in respect of our property and children. Do we need to have this drawn up in writing?

It is not strictly necessary to have a formal legal agreement drawn up, but we would recommend that you do. The agreement is designed to ensure that neither party can make any further claim against the other, and should therefore provide both parties with peace of mind that the terms agreed have been properly recorded. The agreement you require is known as a ‘Separation Agreement’, or ‘Deed of Separation’, and is rather like a contract between you and your partner. For more information please see Agreements & Deeds.

What if I enter a new relationship? Is there anything I can do to help avoid a dispute if that relationship were to break down?

Yes, there certainly is. A ‘Living Together Agreement’, also known as a ‘Cohabitation Agreement’ provides the framework for couples to record their intentions and respective contributions to property. If you are contemplating marriage, you should consider a Pre Nuptial Agreement. For more information please see Agreements & Deeds.

Do I need to make a Will?

If you are resolving family matters, it is a good idea to consider preparing or updating your Will. In addition to ensuring that your money passes to the people you choose, a clause can be inserted to appoint guardians to care for any child(ren) in the event of your death.

How much will it cost?

In straightforward cases, a Separation Agreement can be used to address the more pressing issues relating to the finances, property and children.

Where cases are more in-depth we are able to offer a very competitive Staged Fixed Fee. If you are not yet ready to enter proceedings, we can provide a good idea of the likely financial outcome through our Detailed Financial Assessment service.