We explain, in plain English, why protecting family home for partner if not married uk needs clear planning and simple paperwork.
In England and Wales, common-law marriage does not exist. The law treats couples as separate people for most assets, including property.
We set expectations early. If you are not in a civil partnership, automatic legal rights are limited. That creates three main risks: separation, death and loss of mental capacity.
Our aim is practical. We cover who is on the title, who pays the mortgage and what to do when life changes. We show options that secure your partner’s position while you retain control of your finances.
Some steps you can do yourself, such as gathering documents and writing down intentions. Other steps need a solicitor to make the arrangement legally robust.
Key Takeaways
- Assumptions can be costly; plan deliberately.
- The law usually treats unmarried people as separate owners.
- Focus on title deeds, mortgage records and wills.
- Balance security for your partner with your financial control.
- Do simple tasks yourself, but use a solicitor for formal documents.
Why unmarried couples in the UK are legally vulnerable
A common myth is that years together equals legal rights over property. We begin by clearly separating myth from law.
The “common law marriage” myth in England and Wales
Common law marriage has no legal standing here. Courts will not treat cohabitation the same as a law marriage simply because a couple lived together.
What you do not get automatically
- You do not inherit by intestacy unless named in a will — there are no automatic rights to inherit.
- You cannot claim spousal maintenance the way you might after a divorce.
- A share of property held in one person’s sole name is not automatic; ownership follows the title.
When property law applies instead of family law
Disputes are usually about property and trust principles. Those matters go to the civil court, not the family court system used in divorce cases.
| Situation | Spouse | Cohabitant | What decides outcome |
|---|---|---|---|
| Inheritance on death | Automatic under intestacy | No automatic rights | Will or trust |
| Maintenance claim | Possible after divorce | Rarely available | Statute and precedent |
| Share in property | Often adjusted in divorce | Depends on title & evidence | Property/trust law |
We urge early advice to reduce risk. Evidence of intention and contributions matters more than assumptions about fairness.
protecting family home for partner if not married uk
A simple opening question helps. Are you seeking to secure occupation, establish an ownership stake, or guarantee what happens on death?
Map the three main risks. Separation can lead to disputes about contributions and who stays. Death without a Will leaves a partner with no automatic rights. Loss of mental capacity can block decisions about the mortgage and sale.
Gather the paperwork now. Start with title deeds, Land Registry entries, mortgage statements and bank transfers that show deposit and major payments.
- Collect receipts for renovations and evidence of any large contributions.
- Record who paid the mortgage and when.
- Make a short written note of your shared intentions and dates.
Decide which specialist you need. A family law solicitor helps with relationship agreements and disputes. A conveyancing or law solicitor handles title changes and transfer of equity. A wills solicitor covers Wills and Lasting Powers of Attorney.
For practical steps and trusts options, see our guide on putting a house in a trust. Clear paperwork makes future claims far easier to resolve.
If the home is in one partner’s sole name: your realistic options
When a property sits in one person’s name, the practical choices are limited but clear.
What “no automatic rights” means in practice
With a sole name on the title, the named owner controls sale, remortgage and long-term decisions. A non-owner has no guaranteed rights property-wise unless there is written evidence or a legal step.
How a beneficial interest claim can arise
A claimant may rely on trust principles. They must show a common intention to share ownership and that they acted to their detriment.
Common examples include deposit transfers, mortgage payments and major renovations. These can support an interest claim in a court.
Evidence that helps — and what usually won’t
- Helpful: bank transfers for a deposit, mortgage payments, invoices for big works, written notes about ownership.
- Less helpful: paying bills, routine shopping, or living at the address for years without financial contribution.
Short-term rights to stay and why early advice matters
A person may not be removed immediately in every case. But delays cost options. Seek prompt legal advice to secure documents, consider a trust or a title change, and avoid a costly dispute later.
Buying or owning together: choose the right ownership structure
Choosing how you hold title is one of the clearest ways to avoid future disputes over a property. We outline the two main options so you can match ownership to your goals.
Joint tenancy and the right of survivorship
Joint tenancy gives each owner equal legal title. The key feature is the right of survivorship. That means the survivor automatically receives the deceased’s share.
Tenants in common and leaving your share by Will
Tenants in common lets owners hold unequal shares. Each person can leave their share by Will. This suits couples with different deposits or children from earlier relationships.
Why ownership structure affects what happens on separation
On separation, joint tenants are usually treated as 50:50 owners, even when payments differed. Tenants in common lets you record a specific share and reduce arguments about who paid what.
| Feature | Joint tenancy | Tenants in common |
|---|---|---|
| Share flexibility | Equal only | Equal or unequal |
| Right on death | Survivorship applies | Share passes by Will |
| Separation outcome | Often 50:50 | Split by documented shares |
When choices matter, pause and seek advice. Our guide on unmarried couples’ rights and this note on tenants in common explain practical next steps.
Use a Declaration of Trust to protect deposits, mortgage payments and equity shares
A Declaration of Trust makes precise who owns what and why. It is a written deed that records deposit contributions, ongoing payments and agreed shares in a property. That clarity helps avoid later disputes and gives clear evidence of intention.
Setting unequal shares and recording deposit contributions
Start by recording who paid the deposit and the percentage each person will hold. A declaration trust can fix unequal shares from day one. This avoids guesswork when values change.
Agreeing how renovations and improvements affect ownership
Decide whether major works increase someone’s share or are treated as repayable on sale. Put rules in the declaration so both people know how improvements affect ownership and future splits.
What happens on sale: splitting proceeds after the mortgage is repaid
Use the deed to set the order of payments on sale: repay the mortgage, reimburse agreed sums, then split remaining equity per the declared share. That sequence removes surprise claims.
How this reduces disputes if you separate
“A clear declaration is often the strongest evidence of intention in a court.”
In short, a well-drafted declaration trust cuts down he-said / she-said arguments. It protects both parties’ expectations and reduces the chance of costly court action after separation.
Put a cohabitation agreement in place to remove grey areas
A cohabitation agreement turns informal arrangements into a practical roadmap. It records what each person expects and who keeps what if the relationship ends.
What a clear agreement can cover
It can list practical points:
- Who owns the property and how equity is shared.
- Who pays the mortgage, bills and other household costs.
- How debts and joint liabilities are handled.
- Division of savings, possessions and larger items.
- What happens to pets and who cares for them.
Protect pre-owned assets and set expectations
We recommend recording pre-owned assets so one partner keeps what they brought into the relationship. This is vital in later-life relationships and second unions.
Make the agreement robust
Clarity matters. Both people should take independent legal advice. A solicitor or family law solicitor can ensure the agreement matches your intentions and stands up to scrutiny.
“A clear, signed agreement reduces uncertainty and saves time and cost later.”
Update ownership properly: adding a partner and transfer of equity
A transfer of equity sounds technical, yet it is often the clearest route to shared ownership. We walk through when adding a partner’s name makes sense and what the process really does to your legal position.
When adding a name makes sense
Add a partner’s name when they contribute to the deposit, pay the mortgage or need long-term security. Doing this changes the default rights and reduces later disputes about interest in the property.
Land Registry updates and lender consent
A transfer requires Land Registry update and, where there is a mortgage, lender consent. The mortgage lender will usually assess affordability and may require new terms.
Timing, process and common pitfalls
Expect about 4–6 weeks, depending on lender replies and paperwork. A conveyancing solicitor or law solicitor completes identity checks and submits documents.
- Don’t assume lender consent is automatic.
- Match the title change with a Declaration of Trust and existing agreements.
- Seek proper legal advice so a half-finished change does not create worse problems.
For trust options and further steps see our guide on family home protection trust.
Protect your partner if you die or lose capacity
Good planning stops a crisis becoming a catastrophe. Without clear documents, an unmarried couple can be left with no legal route to inherit or make decisions when it matters most.
Make a Will so your wishes carry weight
A valid Will lets you decide who receives your assets and can recognise the person you live with. Under intestacy rules, an unmarried partner can receive nothing. A Will prevents that harsh outcome.
Use tenants in common plus a Will to control inheritance
Choose tenants in common if you want to leave your share to a specific person. Pairing that title with a clear Will ensures your share passes by your instructions, not by default rules.
Lasting Power of Attorney for health and finances
Create LPAs so a trusted person can make health and financial decisions when you lack capacity. Without an LPA, courts must be asked to appoint someone, which takes time and money.
Why “next of kin” is not a legal shortcut
Hospitals and banks may ask for next of kin. That label gives no automatic legal rights. Only a Will or an LPA grants decision-making power or access to money and property.
| Issue | Without Will/LPA | With Will/LPA |
|---|---|---|
| Inheritance of your share | Decided by intestacy; partner may get nothing | Passes to named person |
| Decision when capacity lost | Court proceedings often needed | Named attorney acts promptly |
| Control over property | Title and default rules govern outcome | Tenants in common + Will gives clear control |
In practice, we advise coordinating title, Will and any agreements so documents work together. For a practical guide to estate planning for unmarried couples see our detailed note on estate planning for unmarried couples.
Conclusion
Clear paperwork is the steady safeguard that turns goodwill into legal certainty. For unmarried couples, the myth of common law marriage is risky. Act now rather than rely on assumption.
Use a cohabitation agreement to set expectations. Use a Declaration of Trust to record shares in the property. Update your Will and create Lasting Powers of Attorney to cover death and incapacity.
Seek targeted advice. See a family law solicitor about relationship disputes, and a conveyancing or wills solicitor for title and estates. Document contributions, review title deeds and agree roles early.
This planning is an act of care, not pessimism. Take these steps while things are calm and you reduce the risk of costly disputes later. Your next step: make an appointment and write down the key facts today.