Valentine’s Day Engagements

Valentine’s Day is one of the most popular days for marriage proposals in the UK. Did you know that when you become engaged you and your fiancé are entitled to use the Married Women’s Property Act 1882, to resolve disputes in the event of a separation before your marriage?

When does the Married Women’s Property Act apply?

The MWPA can apply in limited circumstances where parties are engaged, and a dispute arises over the ownership of a property. It provides a mechanism for the court to determine questions of legal title or ownership of property between the parties.

Nature of the Application under Married Women’s Property Act?

An application under the MWPA is a narrow and historic remedy. The court’s role is restricted to deciding who owns the property and in what shares, and similarly to the Trust of Land Act, does not have the power to redistribute assets on a discretionary or fairness basis. Under the MWPA, if an engagement breaks down, either party may still bring a claim in relation to a property, provided they can establish that they held a beneficial interest in it during the engagement. The application must be made within 3 years of the engagement ending.

How does the Married Women’s Property Act work in practice?

In practice, MWPA claims are relatively uncommon and often overlap with claims brought under the Trust of Land Act, which is often the more preferred route. However, the MWPA may still be relevant in cases where the dispute is linked specifically to the parties ‘engagement rather than the cohabitation alone and could lead to a more generous settlement.

Should we have a cohabitation agreement?

It is always beneficial to enter into a co-habitation agreement if you may not want to share the equity in a property equally. On engagement, financial claims can be extended, and it is even more important to set out the financial terms between you within a co-habitation agreement. 

How can Taylor Bracewell’s Family team help?

If you would like more information on the Married Women’s Property Act, contact our friendly, family team today! You can call them on 01302 341414 or 0114 272 1884. Alternatively, you can fill out our online enquiry form.