Counsel, Mr. Samuel Okoronkwo Jr, was instructed to advise the client, who resides in East London with her two adult daughters, in relation to a possession claim brought by her former partner. The property in question was purchased in the 1990s by her former partner, the claimant, who is the sole registered proprietor. The client contributed financially and practically to the household while the claimant paid the mortgage. Following their separation, the client remained in the property to raise their children. She relies on an express agreement and a letter from the claimant proposing a 50/50 split of the property as evidence of her beneficial interest.
The claimant has issued possession proceedings, asserting that the client’s right to reside ended when the youngest child turned 21. The client is conflicted between asserting her beneficial interest and avoiding the stress and cost of litigation. She has reviewed correspondence from the claimant’s solicitors and expressed concern about her ability to continue the dispute due to financial constraints and personal pressures. Counsel advised that the matter presents an “all or nothing” scenario: either pursue a claim under constructive trust or express agreement, or agree to vacate the property on negotiated terms. The client confirmed she does not have the resources to contest the claim and instructed counsel to proceed with settlement discussions.
Counsel advised that while there is an arguable case for beneficial interest, success would depend on credibility and evidence, and litigation would be costly and time-consuming. Alternatively, the client could agree to vacate the property, subject to terms including a consent order providing that each party bears its own costs and enforcement provisions allowing possession within existing proceedings if the client does not vacate. The client instructed counsel to respond to the claimant’s solicitors confirming agreement to vacate the property on the discussed terms. She will explore mortgage options independently and hopes to resolve the matter swiftly.
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