Buying With a Partner You're Not Married To

Married couples and civil partners have decades of family-law protection if a relationship breaks down. Unmarried cohabiting couples have almost none. The 'common law marriage' is a myth, it doesn't exist in English law. If you're buying a home with someone you're not married to, you need to actively structure ownership and finances to protect both parties, because the law won't do it for you automatically.

Why this matters so much

The legal default for unmarried couples is brutal: whoever's name is on the deeds owns the property. If your name isn't on the deeds, you have no automatic claim, no matter how long you've lived there, how much you've contributed to the mortgage, or how many children you have together. The family courts don't have the wide discretionary powers they use for married couples, disputes go through TOLATA (Trusts of Land and Appointment of Trustees Act 1996), which is much narrower.

The result: cohabiting partners who break up are routinely shocked at how little protection they have. Tens of thousands of pounds of contribution can disappear without legal documentation.

Step 1: Both names on the deeds (usually)

Unless there's a specific reason for one party to be the sole legal owner, both partners should be on the title deeds. This is the baseline protection.

When you're both on the deeds, you choose between Joint Tenants or Tenants in Common. For unmarried couples, Tenants in Common is almost always the right answer, it records what proportion of the property each person owns, which matters enormously if you split up.

Step 2: Declaration of Trust

A Declaration of Trust (or 'Deed of Trust') sits alongside the title deeds and spells out:

• Exact financial contributions of each party at purchase, deposit, fees, mortgage payments.
• Ownership percentages reflecting those contributions.
• How future contributions are credited (e.g. one party paying for an extension).
• What happens if one party wants out, buyout terms, sale triggers, valuation methods.
• How proceeds are divided in a sale or break-up.

When unequal shares make sense

Common unequal-share scenarios:

• One partner brings most of the deposit. A £40,000 / £10,000 deposit split on a £400,000 purchase might translate to 60/40 or 65/35 ownership depending on how mortgage contributions are also structured.
• One partner inherits or sells previously. Bringing pre-existing equity into the purchase should be recognised in the ownership split.
• One partner pays the mortgage from a higher salary. Documenting this proportionally protects them long-term.
• One partner is on a JBSP arrangement. Even if both are on the mortgage, only the proprietor owns, Declaration of Trust between them and any other party is essential.

What happens if you separate

With a clear Declaration of Trust in place, separation is much cleaner:

• The property is valued and equity calculated.
• Each party receives their documented share.
• If one party wants to keep the property, they buy the other out at the documented percentage.
• If neither party wants it (or neither can afford it), the property is sold and proceeds split per the document.

What if you have children

Even unmarried cohabiting couples with children face limited family-law protection on property. However:

• Children's welfare can sometimes lead a court to delay sale of a family home (effectively a Mesher Order style outcome).
• Schedule 1 of the Children Act 1989 allows applications for housing-related orders for the benefit of children, but this is more limited than the equivalent for married couples.
• Child maintenance is separate and handled through CMS regardless of marital status.
• Children's interests don't override poor or absent property documentation, so the Declaration of Trust is still essential.

The cohabitation agreement, going further

Some couples go beyond a Declaration of Trust to a full Cohabitation Agreement, which covers:

• Property ownership (typically referring to or incorporating the Declaration of Trust).
• Day-to-day finances, bills, joint accounts, shared spending.
• What happens to assets brought into the relationship.
• Provision for children.
• Exit provisions and dispute resolution.

Practical cost

Setting it up properly is cheap compared to fixing the alternative later:

• Declaration of Trust: £200-£600 at the time of purchase.
• Cohabitation Agreement: £500-£1,500 typically.
• Disputed TOLATA proceedings later: easily £15,000-£50,000+ in legal fees per party.
• Family lawyer consultation when buying: often free initial consultation.

Unmarried couples buying together face a legal default that doesn't protect either of you, but a Declaration of Trust at the time of purchase costs a few hundred pounds and removes most of the risk. Debbie at DS Financial arranges the mortgage; your conveyancing solicitor handles the Declaration of Trust. Both happen at the same time and the protection lasts for as long as the property does.

General information, not financial advice. Your home may be repossessed if you do not keep up repayments on your mortgage.

Sources: Citizens Advice, Living together and your legal rights, MoneyHelper, Living together, GOV.UK, Joint property ownership.