Who Gets What? Protecting Your Share of the Home if You’re Not Married
One of the biggest worries for cohabiting couples is: “What happens to the house if we split up?”
Unlike married couples, there’s no automatic right to a share of property simply because you’ve lived together. Instead, the law focuses on property ownership and evidence of financial contributions. This can make things complicated – and very stressful – when a relationship breaks down.
Why ownership matters
- Title deeds: If the property is in only one partner’s name, the other has no automatic right to it.
- Contributions: Paying towards the mortgage, deposit, or renovations may give you a *beneficial interest* – but proving this without a written agreement often leads to expensive disputes.
- Joint ownership: If you buy together, you need to decide whether to register as *Joint Tenants* (where the survivor automatically inherits) or *Tenants in Common* (where you each own a defined share that can be left to children or family).
How to protect your share
The safest way to avoid future problems is to set out, in writing, exactly what share of the property each partner owns and how expenses will be managed. This can be done through:
- Declaration of Trust – A formal document confirming each partner’s contribution and ownership share.
- Cohabitation Agreement – A broader agreement covering property, bills, debts, and even what happens if one of you wants to sell.
- Will – Ensuring your share of the property passes to the right person if you die.
Why use a solicitor?
While it may be tempting to draft an agreement yourself, having a solicitor draw it up provides important advantages:
- Clarity and enforceability: A solicitor will ensure the agreement is properly drafted, legally binding, and tailored to your circumstances. DIY agreements are often unclear and easily challenged.
- Future-proofing: We think about what could go wrong later – for example, what happens if one partner pays for an extension, or if children are involved.
- Avoiding disputes: A clear, solicitor-drafted document drastically reduces the risk of costly arguments in court.
- Independent advice: Both partners can feel confident that their interests are protected fairly.
Peace of mind for the future
Property disputes between former partners are among the most stressful and expensive cases we see. A simple, solicitor-drafted agreement at the start can save thousands of pounds – and years of arguments – later on.
If you’re buying a home with your partner or already live together and want to protect your investment, our family and property law specialists at Parachute Law can help with friendly, straightforward advice.
Why Choose Parachute Law?
At Parachute Law, we specialise in helping cohabiting couples protect their futures. Whether you’re:
· Moving in together,
· Buying a property with your partner, or
· Separating after years of cohabitation,
…our family and property law specialists can advise you on the best legal options to give you certainty and peace of mind.
We’ll also guide you on additional steps – such as making a Will – so your intentions are fully protected.
Contact our team today and book a free initial consultation and take the first step towards your fresh start.
Call us on: 0207 183 4547
Email us at thelegalteam@parachutelaw.co.uk
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Who Gets What? Protecting Your Share of the Home if You’re Not Married
