News & Insights

A recent court case Kroll Agency Services Ltd & Others v Tariverdy & Others [2026] EWHC 1453 (KB), has shed light on an important question in property law.

If a parent pays for a home that’s registered in their child’s name, does that automatically make it the child’s property?

The short answer is no, not necessarily.

What happened in this case?

A father paid for a London flat that was registered in his son’s name. He also covered the cost of extending the lease. His reason for putting it in his son’s name was purely practical, to help with his son’s immigration and visa situation, but the father always considered the property to be his.

Things got complicated when the son ran into debt. His creditors tried to claim the flat to recover what they were owed, arguing that because the property was in the son’s name, it legally belonged to him.

The mother also got involved, claiming she had treated the flat as her London home and had spent a significant amount of her own money on renovating and maintaining it.

What did the court decide?

The judge reviewed all the documentary evidence and witness statements and concluded that the father had never intended to give the flat to his son. The father remained the true owner, even though his name wasn’t on the title.

Because the son didn’t own the flat, his creditors couldn’t claim it. The charging order they had obtained was effectively worthless.

The mother’s claim was also unsuccessful. While she had lived in the property and contributed to its upkeep, the court found that this wasn’t enough to give her a formal legal interest in it.

There are three important takeaways from this case:

1. The name on the title isn’t always the whole story. Just because a property is registered in someone’s name doesn’t mean they own it. In law, there’s a difference between who holds the legal title (legal ownership) and who actually benefits (beneficial ownership) from the property.
2. Courts look at intention, not assumptions. English law does start with the assumption that money given by a father to a child is a gift. But that assumption can be overturned if the evidence clearly shows a different intention.
3. Getting things in writing from the start is essential. This dispute could have been avoided. Had the family documented the arrangement properly, for example, through a declaration of trust, there would have been no ambiguity about who owned what. Years of costly legal proceedings might have been prevented with a straightforward legal document.

What should you do if you’re in a similar situation?

If you or a family member are contributing money towards a property purchase, or if a property is being put in someone else’s name for any reason, it’s important to get proper legal advice before anything is signed or transferred. A simple, well-drafted document can save a great deal of stress and expense further down the line.

How can we help?

If you’re facing a property dispute or want to avoid one, our Dispute Resolution Team is here to help.

Alternatively, our Residential Property team can help you draft clear, legally sound documents to protect your interests, whether that’s a declaration of trust, a co-ownership agreement, or any other property-related matter.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.