Property Ownership

[mouse99]

I bought a house outright after having been left some money in my parents will. The solicitor who dealt with it advised that even though my partner had no financial input into the property that it would be advisable to put the property into both our names, otherwise, as we are not married, she may have had difficulty inheriting the property should anything happen to me.

My question is this. If we split up does my partner have the right to claim half of the property even though she did not contribute to its purchase?

[Didwot]

The key to your question is what you and your partner agreed at the outset, and which ought to have been set down in writing, preferably in a deed of trust. There are two different ways to buy a property in joint names, 1) as Joint Tenants. Joint tenants have equal undivided intersts in the property, and the survivor becomes the outright owner, 2) as Tenants in Common. Tenants in common have interests in the property that can be in any proportions you care to think of, from 50/50 to 100/0 and the share of a deceased tenant in common forms part of his estate and is dealt with under his will. Sounds to me as thlough you may have purchased as joint tenants, and for there to be nothing in writing, in which case there may be a presumption, but not an irrebutable presumption, that she is entitled to half. I see no reason why you could not have bought the property in your sole name, and made a will in favour of your partner, which you could then change at any time.

[BenDToy]

I agree totally with Didwot, however I would comment that you seem to be trying to have your cake and eat it. If you want to avoid inheritance tax, then you need to make her joint owner. If you don't then she can't inherit it. You can't have it both ways!

[FTVS]

Ask your lawyer!

[Westminster]

The lawyer should have advised you on your best interests (unless you and your partner consulted her together as joint clients). Ask the lawyer whether the advice to hold the property in both names was in your own best interest. If you have a taxable estate (if you are worth over �263,000) then it might avoid inheritance tax on the property in the event of your death if the property is held in joint names.

[erimus1]

I think that your solicitor has ill advised you here - I believe you should have conveyed the property into your name solely, and mad provisions for her within your will (which could be change at any time) - You own this property as tenants in common now, as this is express within the deeds - Had this not been the case, your partner would have been required to have proved a common intention by the both of you to make any such claim on the propery.
Good luck in your claim with your solicitor - easy way to win for you in professional negligence cases - Go to two other solicitors with the exact same circumstances - if their results ar in your favour, return to your solicitors and ask for their complaints procedure (you will have to write to the partner in charge of complaints) - when this deadlocks, you shoulc contact the Law Society and ask to make a formal complaint and an application for compensation - The solicitors will be insured against theses events. You have to prove that you were in 'reliance' of their advice, and that you acted to your detriment on it - simple!
Good luck.