Ex-Partner Property Disputes
It is often assumed that co-habiting couples benefit from a common-law marriage however, this is not the case. While we never wish for them, breakdowns in relationships can occur and, in these circumstances, we can ensure that the correct steps and procedures are followed to protect your interest in your home.
If when you purchase a home together you do so without the benefits of a Deed of Trust, you’ll own the property as ‘Joint Tenants’. This means that each of you will hold your own 50%. In this situation, a Transfer of Equity would be needed. This will transfer one of the parties’ interests to the other so that one party has the full 100% interest in the property.
However, if you move in with a partner who owns a property you will need to make a TOLATA claim. In a TOLATA claim evidence will need to be presented to the court to prove that you have been regularly contributing to the financial upkeep of the property, such as paying the household bills or contributing to the mortgage.
Important factors in the strength of a claim are:
- How long you have been contributing?
- The amount that has been contributed.
- The frequency of the contribution.