Can a WhatsApp message transfer a beneficial interest in a property?

The rise of digital communication means that many separating couples now discuss financial and property matters through texts, emails or WhatsApp messages. But can these kinds of informal messages amount to a legally binding agreement – especially where one person appears to give up their rights in a property? The recent High Court decision in Reid-Roberts & Anor v Mei-Lin & Anor [2026] EWHC 49 (Ch) highlights the limits of using electronic communications in this way and clarifies when such messages might (and might not) satisfy the legal requirements for disposing of a beneficial interest.

Facts

Ms Mei Lin and her former husband, Mr Gudmundsson, jointly owned a family home in North London worth £1.5 million. During their divorce, they exchanged WhatsApp messages and emails in December 2018 about a possible financial settlement, including what should happen to the property.

In one such message, Mr Gudmundsson said:

“I suggest that the responsibility of taking care of the kids goes to u 100%, then I can sign over my share of southcote road to u … Please let me know that u r happy with this and we can then close the financial part of the divorce this week.”

He also wrote:

“Why don’t you just keep the house in London and the kids move with me to Iceland.”

No agreement was reached and the financial remedy hearing took place in February 2019.

However, one week before judgment, Mr Gudmundsson was made bankrupt, and his Trustees in Bankruptcy then sought to realise his 50% share of the property.

Ms Lin argued that, by virtue of the 2018 messages, Mr Gudmundsson had already disposed of his beneficial interest in the property.

The legal requirements – section 53(1)(c) of the Law of Property Act 1925

Section 53(1)(c) requires any disposal of a beneficial interest to be “in writing signed by the person disposing of the same”. This is usually done through a formal transfer deed registered at HM Land Registry.

However, recent case law has looked at whether less formal communications, including emails, can meet these requirements. For example, in Hudson v Hathway [2022] EWCA Civ 1648, the Court of Appeal held that emails between two former cohabitees were enough to transfer a beneficial interest: the emails were “in writing” and the sender’s typed name at the end amounted to a signature. We discuss this case in more detail in our article on Hudson v Hathway.

The High Court’s decision

The High Court held that the messages between Ms Lin and Mr Gudmundsson did not amount to a disposal of his beneficial interest. The reasons were:

1. The messages were informal discussions within ongoing divorce negotiations. References to ‘signing over’ and ‘finishing the paperwork’ showed that a further formal step was envisaged.

2. Although a WhatsApp message could theoretically meet the legal requirements, the informality of the platform counted against this, particularly given the seriousness of the transaction.

3. A WhatsApp “header” showing the sender’s name is not a valid signature for the purposes of section 53(1)(c). This is because:

• It is not part of the actual message itself but a feature created by WhatsApp to allow the sender of the message to be identified.
• It applies to the whole chat, not to any specific message.
• It appears automatically on the recipient’s phone and is not something the sender adds to a particular message.

The messages were therefore differentiated from those sent in the Hudson v Hathway case, where the sender of the message had typed his name at the end of the message.

The decision confirms that not all electronic communications are to be treated equally. Courts will examine carefully the medium used, context and whether the sender intended to create a legally binding transfer.

The Birketts view

If you are separating and discussing property matters:

• Any disposal of a beneficial interest by one joint owner to the other must comply with section 53(1)(c) of the Law of Property Act 1925. Messages, chats and emails should not be relied on unless the formal legal requirements are clearly met.

• Intention is crucial. Mere negotiations or informal conversations will not amount to a disposal of beneficial interest.

• Take care when sending emails or messages during a relationship breakdown. It is easy to send something impulsively about money, property or “who keeps what”. As recent cases have shown, such messages may later be examined by the court and could have unforeseen consequences.