However, in the instance that the property is held in the name of your partner, it is also possible to apply to the court for a declaration of the extent of your beneficial interest in the property. You can ask the court for an order to force the sale of the property or alternatively, to order a lump sum be paid to you on the basis of the division decided by the court.
In this case, you would need to prove that you have financially contributed to the purchase of the property, or significantly increased its value, for example by paying the deposit, contributing to the mortgage, substantial renovations and other outgoings on the property.
We know that people do not enter buying a home with their partner lightly and with the expectation of the relationship ending. However, it’s always sensible to take legal advice before you buy and take legal advice if you split. By seeking the advice of a professional in either circumstance, you can ensure that both parties’ best interests are adhered to and avoid the need for a potentially stressful and damaging negotiation process.