Are you entitled to a share in your ex’s property?

It is possible in some circumstances for a person to have a financial interest in a property that is registered in the sole name of another person.

The person who is named as the registered proprietor on the Title Deeds holds the legal title but it can be argued that another person is entitled to a share of the property, known as a “beneficial interest”.

When can a person claim a beneficial interest in another’s property?

In the absence of a document expressly granting the Claimant an interest, the Claimant would need to prove either a “resulting trust”, a “common intention constructive trust” or “proprietary estoppel”.

Proprietary estoppel can be used to stop someone reneging on a promise or assurance, however informally made, when that assurance was relied upon by the other person to their detriment.

To establish a resulting trust, the Claimant must have contributed towards the purchase and it must have been intended that they would have an interest in the property, rather than the payment being a gift or a loan.

Under a constructive trust or proprietary estoppel, they would need to prove that either there was an agreement between the parties that the Claimant was to have an interest in the property, or that the Claimant was led to believe they would by the owner, and the Claimant has acted to their detriment in reliance on this.

What if the owner says there was no agreement?

The onus would be on the Claimant to prove that the parties’ conduct shows that there was a common intention between them that the Claimant would have an interest in the property or that the owner encouraged/induced them to believe they would.

This can be very difficult to prove. If the Claimant cannot prove this, they will not be granted a beneficial interest. It is very important to gather as much evidence as possible to support the claim, such as emails/text messages etc.

What counts as ‘detriment’?

This will depend on the facts of the case but the Claimant has to have done something in reliance on the agreement/assurance.

Often this will be a financial contribution, for example payment towards the purchase deposit, mortgage or substantial improvements on the property. There can in some situations be non-monetary reliance, such as physically carrying out work on the property.

If I make contributions towards the property, will I definitely have a share in the property?

No. The mere fact of contributing to a property (financially or in other ways) does not in itself grant a Claimant an interest in the property. The Claimant still has to prove that there was a common intention or that they were led to believe that by making the contribution, they would then acquire an interest.

If I establish an interest in the property, how much will I be entitled to?

This will depend on the particular facts of your case. The court can provide the Claimant with a share that the court considers to be fair having regard to the whole course of dealing between them in relation to the property.

Get in touch

This is a very complex area of law and if you think that you may have an interest in a property registered in someone else’s name, or if you are concerned that someone may make a claim against your property, you should take legal advice.

Every case is different and the outcome will depend on the particular facts and circumstances of each case. A solicitor can advise you as to how a Judge would be likely to view your case.

Wards Solicitors is recommended in the independent Legal 500 guide for 2025 for its outstanding professional service standards and high levels of expertise amongst its lawyers.

Please contact Rebecca Max or Chloe King to arrange a free, no obligation, 30-minute initial appointment.

• Email: rebecca.max@wards.uk.com   Phone: 01454 204880
• Email: chloe.king@wards.uk.com       Phone: 0117 929 2811