Engaged Couples Property Ownership Disputes

In general, engaged partners have fewer legal protections regarding property ownership and equity claims than married couples.

However, certain circumstances may provide engaged couples with enhanced protections.

Myerson's Property Litigation team have handled various joint property ownership disputes.

If you are experiencing a property dispute with your ex-fiancée, please contact our expert property dispute lawyers as soon as possible.

When a couple terminate their agreement to marry, property in which either or both had a beneficial interest during the engagement (including his property) is subject to specific rules.

One of the rules involves section 37 of the Matrimonial Proceedings and Property Act 1970.

According to this section, if one fiancée contributes capital or assets to improve real or personal property in which either partner has a beneficial interest, the contributing fiancée (unless there's an agreement stating otherwise) obtains a portion or an increased portion of ownership in that property.

The question will be whether you contributed money or money's worth to the property.

Joint property owners must bring a claim within three years of the engagement's termination.

The engagement ring is often a very sensitive item for both parties. Whether you need to give it back depends upon what the intention was at the time it was given to you. Was it a gift, or was it conditional upon you marrying your fiancée?

The Courts have decided over the years that an engagement ring is presumed to be a gift, which means you are entitled to keep it unless your fiancée can demonstrate that this is not the case.

The most common example is where the ring has been passed down through the generations and kept within the family.

In this situation, it may be easier for your ex-fiancée to demonstrate that the ring was not a gift.

Mediation is often the first step to consider before applying to the Court for an Order.

At mediation, you and your ex-fiancée will meet with a trained mediator to see if you can reach an agreement between yourselves. 

We recognise that, at times, Court proceedings may be the only viable step to take when it is not possible for an agreement to be reached between the parties.

Our expert Family lawyers have a wealth of experience in obtaining Child Arrangement Orders and advising in relation to child abduction and relocation, among other matters.

If you die before your fiancée, then your fiancée will be treated as one of your dependents and may be able to make a claim on your Estate for financial provision.

Certain eligibility criteria exist, and Myerson Solicitors has a specialist team of estate administration experts who can advise you on how your property will be managed.