CHECKLIST FOR PROPERTY DISPUTES WHERE OWNERS NOT MARRIED.

If you have a disagreement with someone with whom you own a property, what will you need to think about? At a time when you are probably under emotional stress, and worried about costs, it makes sense to organise your instructions to your solicitor so you can make the best use of his or her expertise. Every detail may be important, and we do need to know about conversations prior to the purchase or prior to your moving into the property if you are not the owner.

We have prepared a checklist of the sort of things we need to know about:

1. What discussions, if any, did you have about who would legally own the property when you bought it? Dates, times, locations of all discussions, and identity of any witnesses are helpful.
2. Did you buy the property in joint names, if so do you expect the other person to inherit your share if you die?
3. Assuming you got a mortgage, was it in joint names ? Who paid the deposit? Was it borrowed and if so from whom, by whom? Was it a gift or provided from savings? What was the context?
4. Who paid the expenses of purchase, often called the disbursements? The legal fees, the survey fees, the HIPs charges, and any other purchase related expenses and from what funds and on what basis? What if anything was agreed?
5. The mortgage repayments – who made them and from what funds (joint or sole accounts?), did the other person pay into the account in any way, did the person paying the mortgage pay any of the household expenses?
6. Structural repairs and alterations – were any made or carried out? If so, who paid for them and how? What ,if anything was said about the basis of the payments? Did someone do much of the physical work?
7. Household expenses – who paid for them and from what funds? Was there ever any discussion about who should pay for what? And on what basis?
8. Other expenditure. Furniture, or children’s clothes and school fees, holidays etc. Who paid and on what basis? What exactly was said?
9. Relationship – were you related to the other owner, or engaged to be married at any time?

Working closely with our residential property department, our property litigation colleagues, and accountants as required, we are able to help you resolve your financial claims.