You will have to prove that you and your partner agreed that you both own the property although their name is on the title. To do this, you must produce evidence to prove to the court that there was an express agreement between you which encouraged you to spend a lot of money on the property. Alternatively, if you can’t show evidence of an actual agreement, you need to persuade the court that there must have been an agreement because you spent the money (i.e. Why else would you have done this?).
Because your ex owns the house, they can sell it, transfer it or mortgage it without your agreement. You should protect your interest by applying to register a notice against the legal title with the land registry. This means your ex cannot deal with the property unless they remove the notice. To do that, they will have to convince the land registry that the notice is not justified or reach a settlement with you or obtain a court order. It is a useful way of putting pressure on the owner to settle your claim.
Non-owning unmarried former partners are in a vulnerable position. If you find yourself in this situation, act quickly. We have a dedicated team of specialists who advise unmarried former partners on their financial position. If you would like more information on this or any other family issue, please contact us on 01392 421777.
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