Do I Have Any Rights If My Partner Owns Our Home?
Many people are surprised to learn that if your partner owns the home you live in, you do not automatically have rights to it just because you live together. Unlike married couples, there is no “common law” protection for cohabiting partners in England and Wales. This can leave people feeling vulnerable, especially if they have contributed financially and/or emotionally to the household.
Ownership vs contributions
- If your name is not on the title deeds: you do not automatically own any share of the property, even if you’ve lived there for years.
- Financial contributions: if you’ve paid towards the mortgage, deposit, or major improvements, you may be able to claim what’s called a beneficial interest under the Trusts of Land and Appointment of Trustees Act (TOLATA).
- Living expenses: general contributions, like food, bills, or small repairs, rarely count towards property ownership in law.
What happens if we split up?
If the property is in your partner’s sole name, they are legally entitled to stay in the home. To claim a share, you would need to prove that you contributed significantly, or that you and your partner had an agreement or understanding that you would have a share. These claims can be complex and often end up in court if there is no written agreement.
How to protect yourself
The best way to avoid uncertainty is to take proactive steps while the relationship is strong:
- Cohabitation Agreement – sets out how property, finances, and bills are shared, and what happens if you separate.
- Declaration of Trust – confirms exactly what share of the property each partner owns, especially useful if one partner contributed more to the deposit.
- Making a Will – ensures your partner inherits your share if you pass away, rather than the property automatically passing to family members.
Why use a solicitor?
Trying to sort these issues informally can be stressful and risky. A solicitor can make sure your rights are clearly protected in legally binding documents. This not only gives you peace of mind now but also prevents costly disputes in the future.
Take control today
If you live in a home owned by your partner, don’t leave your financial future to chance.
At Parachute Law, our family and property law specialists can help you understand your options and protect your share. Contact us today for clear, friendly 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
If you would like to read more about how Parachute Law can help you please click on the links to below to more of our articles.
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