Q. I bought a flat in Wharton Street with my girlfriend approximately 10 years ago. We separated shortly afterwards and I moved back in with my parents. She is now selling the flat and has contacted me out of the blue to ask me to sign the sale paperwork. Am I entitled to any of the money?
A. In a word, yes. However, determining exactly how much you are entitled to is far from straight forward. That is because (unlike married couples or civil partners) there are no special rules setting out what unmarried couples get when they sell property after they have split. The usual property law rules provide that the profits from the sale of a jointly owned property should be shared equally. It doesn't matter who lives at the property or for how long, it's simply a 50:50 split.
Having said that, the courts do have the power to allocate the sale proceeds in different proportions if they think it appropriate in the circumstances. In fact, in a case this week the court did exactly that, awarding a 90% share of a house to a lady who had lived at a property alone for 20 years after her partner had moved out because she had paid the mortgage and improved the property.
Unfortunately, the rules aren't red and white and the position is different in each case. However, unless your ex makes a claim to the courts for a greater share or you agree to her getting a greater share, you will be entitled to one half of the equity. Therefore, we would advise you to instruct a good solicitor (there's an excellent firm based opposite the new ASDA in South Shields) to ensure that you obtain the maximum value for your interest in the flat.
