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ARTICLE · 15 DECEMBER 2022

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Equitable Accounting: Getting A Fair Result Upon Relationship Breakdown

Where property is co-owned, disputes can occur over how to divide the equity (or ‘beneficial interest') in the property.

United KingdomReal Estate and Construction

This article concerns co-owned properties and the ultimate division of sale proceeds when a property is sold.

Where property is co-owned, disputes can occur over how to divide the equity (or 'beneficial interest') in the property. When, for instance, an unmarried couple separates, it is not uncommon for there to be disagreement over how the equity in their home (and thus the proceeds of sale) should be shared between them.

Even where the couple's respective shares in the property are undisputed, there remains potential for dispute over contributions made towards the property after the date of separation. For example, money paid towards the mortgage or for improvements to the house.

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