Dr Rowland and Ms Blades began a relationship in 2006. In 2008, the couple bought a property to be used for weekends and holidays for £1.5 million. Despite Dr Rowland paying the entire purchase price, the parties bought the property in joint names and had no declaration of trust put in place.
In 2009, the parties' relationship broke down and Ms Blades requested that Dr Rowland not attend the holiday home with his new partner.
In 2020, Dr Rowland brought a claim against Ms Blades for:
However, the court held that the parties each owned 50% of the equity, and ordered the property to be sold with the proceeds divided equally. With regards to Dr Rowland's compensation for his exclusion of the property, the court awarded him £60,000.
Recently, Dr Rowland has appealed this decision, requesting that the compensatory sum is increased to £216,000. Jarman HHJ ruled that Dr Rowland had not suffered a financial loss, but had instead lost the opportunity to enjoy the use of the holiday home and therefore, increased the award from £60,000 to £120,000.
This case demonstrates that if a relationship breaks down and one partner is excluded from the property, they may be entitled to compensation.
Furthermore, this case should be taken as a reminder of the importance to enter into a declaration of trust when purchasing a property as an unmarried couple, particularly if you are contributing unequal amounts. A declaration of trust records the share of the property each party owns and states what should happen in various circumstances.