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Understanding property deeds
At Churchers, we are often asked by cohabitees and family members, ‘What are my rights if my name is not on the deeds?’
You could be entitled to a share of the proceeds of the sale of a property if your name is not on the title deeds to the home, especially if you have contributed financially. Our skilled lawyers will assess your situation and help you understand your rights, which could include establishing your beneficial interest in the property.
A beneficial interest refers to a person’s non-legal but equitable interest in a property. It signifies that even though someone may not be listed as the legal owner on the title deeds of a property, they still have a recognised interest in that property, typically due to some form of financial contribution or agreement.
Understanding title deeds is especially important for those who may have been in a relationship with someone who owns a property. You may have been living and contributing to the upkeep of that property until the relationship broke down.
If you have made a significant financial contribution toward the property you could be entitled to a share of the sale proceeds. Your contribution could be:
- Paying for or, partly funding, a deposit.
- Making payments towards a mortgage, irrespective of whether you actually took out the mortgage.
- Spending money on the property to improve it, such as financing a new extension, conservatory, kitchen or bathroom.
- Working on the property to improve it.
Even if your name is on the title to the property, there can be potential for a dispute over the respective shares in any sale proceeds.
In all cases, it is important to take legal advice at an early stage. We will be in a position to provide you with an opinion regarding the merit of bringing or defending a claim and the likelihood of a Court Order being made requiring the property to be sold or enabling one party’s share to be purchased by another.
We can also negotiate on your behalf in a bid to settle a dispute. Ultimately, if Court proceedings start, our lawyers can represent you at all stages up to and including a trial.
If you’re still wondering what your rights are if your name is not on the deeds, please get in touch. Our solicitors would be more than happy to answer any questions you have in regard to understanding property deeds.
If you have any concerns relating to property ownership, please contact one of the members of Churchers’ Dispute Resolution Team listed below.
