Solicitors Specialising in Joint Ownership Property Disputes 
Living together where only one partner’s name is on the deeds is very common — for example when one person bought the home before the relationship, inherited it, or was the only borrower on the mortgage. The key question is: when one partner owns the house, what rights does the non owning partner have, both day to day and if the relationship ends or the owner dies?
The answer? It depends on whether you are married/civil partners or unmarried cohabitees.
Worried about your position? To speak to one of our Joint Property Ownership Dispute specialists, just call FREEPHONE 0800 1404544 or one of our local office numbers [see below] for FREE initial phone advice.
If You Are Not Married Or In A Civil Partnership
Cohabiting partners do not have automatic rights to a share of a home just because they live there or help with bills. If your name is not on the deeds or mortgage, you may still have a claim to a beneficial interest — a fair share based on contributions or agreements — but it’s not guaranteed.
Typical ways a beneficial interest can arise include:
- Direct contributions to the deposit, purchase price or mortgage payments.
- Paying for major improvements that add value (e.g., extensions, new kitchen, structural works).
- An agreement or understanding that you would share ownership, even if it was informal.
If a property ownership dispute arises, the court can decide whether you have a share and, if so, how big it is. These cases are often brought under property trust rules (commonly called TOLATA claims).
Click here to find out more about joint property ownership disputes and how our solicitors can help you
Evidence really matters in these kind of claims: bank statements, transfers marked “deposit,” invoices for renovations, messages or emails discussing ownership can all be really useful in proving your claim.
When One Partner Owns the House – Risks For Non Owning Cohabitees
If you don’t have your name on the title deeds, and if your relationship breaks down, you may find yourself in a very awkward situation.
- You can be asked to leave by the legal owner unless you establish rights.
- If the relationship ends, you may need to negotiate or go to court to recover your share.
- If the owner dies without a will naming you, you might receive nothing from the home unless you prove a beneficial interest or bring a UK inheritance claim as someone who was financially dependent on the deceased.
If You Are Married Or In A Civil Partnership
Marriage and civil partnership create legal protections. Even where only one spouse or civil partner is on the title:
- You have “home rights” to occupy the property used as your family home. You can protect this by registering a notice at HM Land Registry so you cannot be unfairly evicted or the home sold behind your back.
- On divorce or dissolution, the property is part of the overall “marital assets” to be divided fairly. The court can order sale, transfer a share to you, give you the right to stay, or offset the house against other assets. Needs of any children carry significant weight.
- On death, you may inherit under the will. If there is no will, the intestacy rules prioritise a spouse/civil partner — though the exact outcome depends on the size of the estate and children.
None of these safeguards apply to a couple living together without being married or in a civil partnership. There is no such thing as a common-law marriage. If you you are not married but live together in a relationship and your name isn’t on the title deeds of your home, you are in a vulnerable position.
The Scale of the Issue – How Common Is This Problem?
Living together without being married or in a civil partnership is now one of the fastest-growing family arrangements in the UK. According to the Office for National Statistics, there are more than 3.5 million cohabiting couple families in the UK, and that figure has more than doubled since the mid-1990s. A substantial number of those couples live in homes legally owned by just one partner. This often happens because one person bought the property before the relationship began, inherited it, or was the only person able to secure the mortgage.
Many couples wrongly believe in the concept of a “common law marriage” and assume they automatically have the same rights as married couples. In reality, unmarried partners have no automatic entitlement to a share of the property, even after many years of living together. Given rising property values across England and Wales, this can mean that one partner may walk away with little or nothing despite having contributed financially or supported the household in other ways. The combination of growing cohabitation rates and increasing property prices makes this a significant and increasingly common legal problem.
Practical Protection Steps
Whether you are married or not, there are clear ways to reduce risk:
- Declaration of trust: these documents record who owns what. It can state current shares and how they change if one partner pays more later.
Click here to read how we can help you with a declaration of trust - Cohabitation agreement: For unmarried couples, sets out contributions, shares, and what happens if you separate.
- Add your name to the deeds: Often combined with a new mortgage offer or lender consent. Consider the tax and affordability implications.
- Register home rights (married/civil partners): A protective notice that prevents dealings without you being told.
- Make or update wills: Ensures the survivor is protected if the owner dies.
Click here to find out more about how our experienced solicitors can help you write a new will
Various members of our team can help you with each of these forms of protection.
When One Partner Owns the House – Common Scenarios
- Pre owned home: One partner bought years ago; the other has since paid towards a loft conversion. A declaration of trust can recognise a growing share; without it, a dispute may arise later about what is “fair.”
- One income mortgage: Lender only accepted one borrower. The couple agree equal ownership and record it in a declaration of trust, with life insurance to protect affordability risks.
- Separation: An unmarried non owner wants their deposit back and a share of increased value after funding improvements. Evidence of payments and a negotiation (or court claim) may secure a settlement.
How Our Solicitors Help
We advise both owners and non owners on their rights, draft declarations of trust and cohabitation agreements, register home rights, and resolve property disputes — through negotiation, mediation, or court where needed. If you are living in a home in one partner’s name, early advice can save a great deal of cost and stress later.
