Legal Briefing
Solicitor Juliet Phillips - James casts her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.
AI recently read in the news about a
relationship his former partner received half of the value of the property even though the businessman had bought the property. Can you explain to me how this happened? The recent case of Rowland v Blades centred on an unmarried couple and their respective interests in a jointly owned property. The property was purchased by Dr Chris Rowland in 2009 for £1.6 million. Mr Rowland and his then partner, Ms Sharon Blades had planned to grow old together and retire in the property. Mr Rowlands had paid the whole of the purchase price for the property but placed the property in joint names without any underlying declaration of trust. The couple’s relationship ended and Ms Blades continued to live within the property. She excluded Mr Rowland from the property. At the time of proceedings, the property was valued at £2.5 million. During the proceedings, Mr Rowland claimed sole ownership of the property on the basis that he had paid the entire purchase price. However, the High Court did not agree and ruled that Ms Blades owned half of the beneficial interest in the property. The Court appears to have taken note of the fact that Ms Blades had emotionally and financially supported Mr Rowland during their relationship. Further, the Court found the lack of a declaration of trust compelling evidence of the intention at the time the property was purchased - in other words, that the property was to be owned jointly with each party having an equal share. As an added sting in the tail, Mr Rowland also had to pay £180,000 towards Ms Blades’ legal costs as well as his own. The case is a warning to ensure that any agreements or intentions on how a property should be held should be properly recorded in writing before purchase. While there are mechanisms available to establish an interest in property, these do not guarantee your preferred outcome. For further advice on interests in property, please contact our Dispute Resolution team on 01554 755101.