Former unmarried couple dispute ownership of £2.5m holiday mansion

On 12 March 2021, the High Court handed down its judgment in the much-publicised case of Rowland v Blades [2012] EWHC 426 (Ch). The case concerned a dispute between two former partners over the ownership of a “large country house” in Oxfordshire (“the Property”).

Facts

In March 2009, the Claimant purchased the Property for £1.6m. The Claimant solely funded the purchase (including all associated costs), but the Property was transferred in the Claimant and Defendant’s joint names.

Following a breakdown in the parties’ relationship, the Claimant sought a declaration from the High Court that the house belonged only to him. The Defendant argued that the former couple had always intended for her to have an equal “stake” in the house – as evidenced by the joint transfer and an email sent by the Claimant in June 2011 (following the breakdown of the couple’s relationship) that said: “I’ve no intention of trying to take [the Property] away from you – it’s at least as much yours as mine”.

By trial, the property had increased in value to £2.5m.

Decision

Finding in favour of the Defendant, the judge held that – whilst the Claimant might now regret his earlier display of generosity – the available evidence indicated that at the time of purchase the parties had shared a common intention to “own the property jointly at law and equity”.

Conclusion

On one hand, this was a surprising decision: despite the Claimant having contributed the entirety of the purchase price, the judge nonetheless concluded that the Defendant enjoyed equal ownership of the former property. On the other hand, the decision to transfer the Property in both the parties’ names was strong evidence of the parties’ common intention to own the Property equally – as were the subsequent email exchanges.

Contact our Real Estate Dispute Resolution  team today

If you would like to discuss any issue relating to this blog, please do not hesitate to contact a member of the Real Estate Dispute Resolution Team on 01895 207835 or 01895 207295, or email us at propertydisputes@ibblaw.co.uk