Intervenor cases FAQs

1 - If a parent gives money towards a house, does that mean they own part of it?

Not necessarily. Simply contributing money does not automatically give a parent a share in the property. The court will look at what was intended at the time, whether the money was meant as a gift, a loan, or an investment, and whether there is evidence to support that intention.

2 - Does a “gifted deposit” really mean the money can’t be claimed back?

If money is described as a gift in conveyancing paperwork and there is no agreement about repayment or ownership, the court may treat it as a true gift. That said, every case depends on its facts, and surrounding discussions and conduct can still be relevant. It remains accepted that third parties, such as parents, have separate agreements in place but are still required to sign the standard conveyancing documentation declaring a gift.

3 - What if the money was meant to be a loan, but nothing was written down?

Family loans are often informal. The court will consider how realistic it is that the loan will ever be repaid. If there was no written agreement, no repayment schedule, and no attempt to recover the money during the relationship, it may be treated as a “soft loan” and ignored for divorce purposes.

4 - Can a parent stop the house from being sold if they live there?

Not automatically. Even where a parent has a right to live in the property, the court can still order a sale if that is considered fair. Any interest a parent has is usually reflected financially rather than preventing a sale altogether.

5 - Do parents always need to be involved in divorce proceedings as parties?

No. Sometimes the court can resolve issues by hearing evidence from parents as witnesses. However, if a parent claims a share in the property or needs an order made directly in their favour, they may need to be formally joined as an intervenor.