Cohabitation if you are not named on the legal title

In the absence of an express declaration in a deed or other document a beneficial interest may be acquired by way of a constructive or resulting trust. A beneficial interest may also be acquired if you have been promised an interest in the property and acted upon that promise to your detriment.

A resulting trust can be found to exist by reference to the contributions made to the property, either at the time of purchase or subsequently. Contributions can be either direct contribution to the purchase price or deposit or by being a party to the mortgage. The contributions will nearly always result in a corresponding beneficial interest, although cases of resulting trusts are becoming quite rare.

A constructive trust can be implied if a common intention about the beneficial ownership either at the time of purchase or subsequently can be established. It is not necessary to have an explicit conversation about the beneficial ownership. The court will look at the conduct of each of the parties.

Cohabitation and living together is a complex area of law. It is important that you give yourself the best possible protection. To do this you need an express declaration or trust deed and therefore you should consider entering into a Living Together Agreement. Alternatively, if you think you may have an interest in a property regardless of whether you are named on the legal title, you should consider seeking advice before signing away any interest or entering into any agreement.