Understanding Your Rights When Your Partner Owns the House
Moving in with a partner is an exciting milestone in any relationship, but it’s important to understand your legal rights and take steps to protect your future security, particularly if your partner owns the house. At RLK Solicitors, our experienced divorce solicitors have extensive knowledge in this area and can provide expert guidance to help you navigate the complexities of cohabitation.
The Legal Position for Unmarried Couples
Contrary to popular belief, there is no such thing as a “common law marriage” in England and Wales. Unmarried couples who live together do not have the same automatic legal rights as married couples or those in a civil partnership, regardless of the length of their relationship. This means that if you are living with a partner who owns the house, you may have limited rights to the property and other assets.
The default legal position is that unmarried partners have no rights to each other’s property. To claim a share of the house, you would need to prove that you have “acquired an interest” in the property, typically by:
- Contributing to the mortgage or home improvements
- Demonstrating a shared intention that you would have a share in the property
- Showing that you have relied on this shared intention to your detriment
Proving an acquired interest can be challenging, so it’s essential to seek expert legal advice to understand your position and take proactive steps to protect your rights.
Your Rights When Living with a Partner Who Owns the House
If your partner is the sole owner of the house you live in, your rights may be limited unless you have a cohabitation agreement in place. You will generally have no automatic right to:
- A share of the property
- Stay in the home long-term if your relationship ends
- Half of the house, regardless of the length of your relationship
However, there are some circumstances in which you may be able to claim a share of the property, even if your name is not on the title deeds. To do this, you would need to provide evidence of a common understanding with your partner that you should have a financial interest in the property, such as:
- Contributions towards the mortgage
- Paying for or carrying out work or improvements to the property
- Agreements about ownership that you have relied upon to your disadvantage
If your relationship breaks down and you are asked to leave the property, it’s essential to seek legal advice immediately. While your partner may be the sole owner, they cannot necessarily “kick you out” right away. You may have a right to stay in the property in the short term, depending on your situation.
Protecting Your Rights: Cohabitation Agreements and Property Ownership
To safeguard your interests when living with a partner who owns the house, consider the following options:
- Cohabitation Agreement: This is a legal document that sets out your rights and responsibilities as an unmarried couple living together. It can cover a wide range of issues, including property ownership, financial contributions, and what should happen if your relationship ends. A cohabitation agreement can provide clarity and security, ensuring that both partners’ intentions are clearly documented.
- Adding Your Name to the Property Ownership: If you and your partner agree, you can be added to the property’s title deeds through a process called “transfer of equity.” This will give you a legal interest in the property, and you can choose to own it as either “joint tenants” or “tenants in common.”
- Joint Tenants: If you separate, you will each receive 50% of the property’s equity, regardless of your individual contributions.
- Tenants in Common: You can specify the percentage of the property each partner owns, which can be set out in a legal document called a “deed of trust” or “declaration of trust.” This allows you to protect your individual contributions to the property.
It’s essential to carefully consider your options and seek legal advice before making any decisions about property ownership or cohabitation agreements.
The Impact of Marriage on Property Rights
If you marry your partner, your legal rights to the property will change. The family court has the power to transfer or redistribute assets between spouses in a way that is fair and reasonable, taking into account the circumstances of your case. This means that even if you are not the legal owner of the property, you may be entitled to a share of its value upon divorce.
If you plan to marry but wish to specify your respective shares in the property in the event of a separation, you will need a prenuptial agreement.
Protecting Your Future: Seek Expert Legal Advice from RLK Solicitors
At RLK Solicitors, we understand the importance of protecting your rights and ensuring your future security when living with a partner who owns the house. Our knowledgeable family law team can provide tailored advice on cohabitation agreements, property ownership, and the implications of marriage on your legal rights.
Whether you are considering moving in with a partner or are already cohabiting, we are here to help. Our experienced solicitors will work closely with you to assess your unique circumstances and provide clear, practical guidance to help you make informed decisions about your future.
Don’t leave your rights and security to chance. Contact us today to schedule a consultation with one of our expert family law solicitors. We will help you understand your legal position, explore your options, and take proactive steps to protect your interests.
This article does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to provide information on issues that may be of interest. Specialist legal advice should always be sought in any particular case.
Harpreet specialises in cases involving children both under the umbrella of court proceedings as well as on a conciliatory basis. Harpreet has experience in other aspects of family law namely divorce, separation and financial remedy.
Harpreet is a law graduate from the University of Birmingham. She began her legal career with DFLP (now Lodders) and then moved to Mercy Messenger where she qualified as a Legal Executive in 2014. Harpreet joined RLK Solicitors in October 2023, having previously worked in a Legal 500 ranked specialist family law firm.
