Constructive trusts

Claiming a share in a property you’re not named on — often after a relationship ends.

How we can help

Advising on beneficial interests where legal title is in one name
Evidencing financial contributions, agreements and detrimental reliance
Acting for unmarried couples separating with property in one name
Advising parents who contributed to a child’s purchase
Registering restrictions to protect your interest pending resolution
Pursuing claims for a declaration and an order for sale

Your solicitor

Dean Smith

Dean SmithSolicitor

What happens next

Tell us the history — who paid what, what was agreed, and what was said.
We advise on prospects and register a restriction to protect your position.
We negotiate a settlement, or issue proceedings for a declaration of your share.

Fees for this work

Charged hourly with an estimate. These claims are evidence-heavy and we will be realistic about cost against likely recovery.

Common questions

We lived together for years. Don't I have rights?

Not automatically. There is no such thing as common law marriage in England and Wales, and length of cohabitation alone gives you nothing. Your claim depends on contributions and agreements, which is why these cases are difficult.

I paid the mortgage but I'm not on the deeds.

That is relevant but not conclusive. The court looks at the whole course of dealing — what was said, what was intended and what you did in reliance on it.

I helped my child buy their house. Was it a gift or a loan?

It depends on what was agreed and evidenced at the time. Where nothing was documented, disputes are common and expensive. Record it, even informally.

Can I stop the property being sold?

Registering a restriction at the Land Registry prevents a sale or remortgage proceeding without your interest being addressed. It should usually be done immediately.

Tell us what's happened

Confidential, reviewed by a solicitor, answered within one working day.