For many couples, even with a combined effort, it can be hard to get onto the property ladder. It is becoming more and more common to see family members contributing money to help with deposits or renovations.
However, when divorcing, that can complicate matters with one person often saying the money should be repaid and the other claiming it was a gift.
In this article, we look at what an intervener is and how familial contributions are dealt with by the court.
What is an intervener?
Quite simply, if someone other than the separating couple can show that they have a real interest in a matrimonial asset, often the family home, the court may allow them to be joined to the case. In family law, this usually means that before the court finalises the financial settlement, it needs to understand and resolve any third-party interests.
A typical example is where one parent has helped their child buy the family home by contributing to the deposit. In those circumstances, they might feel they should be repaid or have some sort of share — particularly if later, the house becomes part of a financial settlement on divorce.
How does the court make their decision?
The court always aim to make decisions that are fair. The court have to balance any interest of a third party but also try to avoid any delays to the proceedings. That is why the involvement of any interveners should be raised as early as possible.
If a someone has made a financial contribution, this doesn’t automatically mean they will be paid back or get a share of the property. What it does mean is that:
They may ask the court to be joined to the financial proceedings as an intervener so their contribution can be taken into account.
The court will consider the nature and extent of that contribution — including evidence of what was intended at the time (e.g., was it a loan, a gift, or something else?).
If the court agrees there is a genuine third‑party interest, it will deal with that before making orders on how the rest of the assets should be divided.
This approach helps ensure that when the judge ultimately makes the financial order, it reflects all the legal interests in the assets, not just those of the separating couple.
What does that mean for me?
If a family member, or anyone else, is helping with a contribution, consider having a legal document drawn to make it really clear what that contribution is. If there is a dispute later down the line, that document could serve as clear evidence of intentions.
For the person making the contribution, being able to intervene can be reassuring — it means the court recognises there might be something to consider beyond the usual needs‑based financial settlement between spouses. But it’s not a guaranteed outcome.
For the separating couple, it’s important to be aware that third‑party claims can affect how much is available to divide between you. The court will pause and deal with any intervener claim before finalising the rest of the financial settlement.
If you’re unsure how a third‑party interest might affect your case, it’s always worth getting specialist family law advice early on so book an appointment today using the links below.
