Kent Solicitors

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’

Labels: cohabitees joint ownership dispute