Beneficial Interest In a Property When Separating

If an unmarried couple lives in a jointly owned property, upon separation both parties will retain their individual rights that come with legal property ownership.

But if the property is owned entirely by one party, their former partner will generally not be entitled to any share of the equity in the property.

Nevertheless, there is a way for a non-owner to claim rights to the equity in a property which is owned by their former partner, even if they are unmarried. This is known as establishing a beneficial interest. We will explore this important exception below.

two interests in one property

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