Unmarried couples

How our family team can help you protect your position if you are unmarried

Upon a relationship breakdown, the court has a much narrower discretion in respect of the orders it can make, irrespective of how long an unmarried couple may have been living together, although the court does have greater powers, under Schedule 1 of the Children Act 1989, should there be children involved.

There are ways you can protect yourself when living with a partner, in the event of a separation, which can help mitigate the risk and minimise the likelihood of a future dispute or lengthy and costly court proceedings, for example entering into a Declaration of Trust and/or a Cohabitation Agreement.

Our specialist family lawyers in Bromley, West Wickham, Sevenoaks and London can provide you with the advice and assistance in drawing up documentation to protect your position, as well as acting on your behalf should a dispute arise, whether in relation to a property or financial provision for the benefit of a child. 

Buying property together in the UK: Joint ownership, cohabitation agreements and legal rights

If you are thinking about purchasing a property with your partner, there are several important legal financial considerations to take into account. Here is some essential guidance for unmarried couples buying a property together in the UK, including on joint tenants vs tenants in common, declarations of trust, cohabitation agreements, and The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims. 

How should I own my property?

 1.  Sole ownership of property

If the property is owned by one party, then the other person has no legal right to live there and no right to a share of the sale proceeds. In the event of separation or death, the property legally belongs to the sole owner.

There are ways in which a non-legal owner can claim an interest. If you are a sole owner but another person is living with you and you wish to prevent them from being able to claim an interest in your property, then you will need a Cohabitation Agreement.

2.  Joint tenants (joint property ownership, UK)

As joint tenants, each party owns the whole of the property and they do not have distinct shares.

• If one owner dies, the property automatically passes to the surviving owner
• Neither owner can leave their share in a Will
• Either party can apply to court for an Order for Sale
• Sale proceeds are always divided equally

Owning property as joint tenants is recorded in the Transfer Deed signed at purchase. This arrangement may be suitable where:

• Both parties contribute equally
• Mortgage and bills are shared equally

However, for couples, additional protection is often advisable, such as a Cohabitation Agreement.

Changing ownership:  Ownership can be changed to tenants in common by serving a Notice of Severance and updating Land Registry records.

3.  Tenants in Common (unequal property shares UK)

Each party owns a defined share in the property, which can be equal or unequal (e.g. 50:50 or 60:40).

• Any owner can force a sale
• Shares can be left in a Will
• Executors can force a sale after death

This is often used where:

• Contributions to purchase price differ
• Mortgage or bills are paid unequally

Ownership is recorded in the Transfer Deed.

A Declaration of Trust is strongly recommended when purchasing as tenants in common. It can:

• Define ownership shares
• Set out contributions to mortgage and bills
• Provide a mechanism for one party to buy out the other
• Establish how sale proceeds are divided
• Address changes in contributions over time

A Cohabitation Agreement can go further by dealing with wider financial arrangements.

4.   What is a Declaration of Trust and do I need one?

A Declaration of Trust sets out who owns what share in a property. It may include:

• Whether ownership is fixed or reflects initial contributions
• How sale proceeds are divided
• Rights to buy out the other party
• Mortgage contribution obligations
• How improvements affect ownership shares
• Maintenance responsibilities
• Restrictions on occupation

The agreement remains binding even if circumstances change, unless formally updated.
Important: This level of protection is not suitable if the parties are engaged or married. In those circumstances, a Nuptial Agreement is required, as courts may disregard Declarations of Trust on divorce.

Cohabitation Agreements in the UK

What is a Cohabitation Agreement?

A cohabitation agreement is a written, signed document (often executed as a deed) which sets out:

• Who owns what at the start of the relationship
• Financial arrangements while living together
• How assets and income are divided on separation

Where properly prepared with independent legal advice, courts are more likely to uphold the agreement.

Do I need a cohabitation agreement?

Cohabiting couples have very limited legal rights in England and Wales. There is no such thing as a “common law spouse”. A cohabitation agreement is particularly important where:

• One party is financially dependent on the other
• Property is owned jointly or in one name
• There are shared financial commitments

When should I make a cohabitation agreement?

You can enter into an agreement:

• Before moving in together
• At any stage during cohabitation

A solicitor or mediator can assist in drafting terms and ensuring enforceability.

Why should I make a cohabitation agreement?

Unlike divorce or civil partnership dissolution, there is no automatic legal framework governing separation for cohabitants.

Without an agreement:

• Disputes can be costly and time-consuming
• Outcomes are uncertain

A well-drafted agreement:

• Reduces conflict
• Provides clarity
• Helps avoid litigation

What should a cohabitation agreement cover?

• Your shared home
  • Ownership structure
  • Mortgage contributions
  • Insurance arrangements
  • Financial protection during illness or parental leave
• Money and bills
  • Joint accounts and contributions
  • Responsibility for household expenses
  • Treatment of debts and liabilities
• Pensions
  • Death-in-service benefits
  • Nominations for partners
• Personal possessions
  • Ownership of furniture, vehicles, and valuables
  • Mechanisms for division on separation
• Children (non-binding but useful)
  • Financial provision beyond

Important considerations

• The law may change in future, but currently cohabitants have limited rights
• Agreements should be reviewed if circumstances change
• Making a Will is essential to ensure your wishes are followed, a solicitor in our Private Client team will be happy to advise you on this.  

Cohabitant property claims (TOLATA claims UK) – FAQs

We provide answers to some frequently asked questions regarding cohabitant property claims in the UK.

1. Do cohabitants have the same property rights as married couples?

No. Cohabitants have very limited rights.

2.  What is TOLATA?

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) allows individuals to claim an interest in property.

3. How can I have an interest in a property?

• Legal ownership (joint tenants or tenants in common), or
• Beneficial interest under a trust

4.  Joint tenants vs tenants in common

• Joint tenants: equal ownership, automatic transfer on death
• Tenants in common: defined shares, can pass by Will

5.  What if the property is in my partner’s sole name?

You may still have a claim if you can establish:

• Resulting trust
• Constructive trust
• Proprietary estoppel

6.  Do I need evidence?

Yes. These claims are complex and require strong supporting evidence

7.  Do I have to go to court?

Not necessarily. Negotiation and mediation are usually considered first.

8.  What happens if my case goes to court?

• Disclosure of documents
• Evidence review
• Trial if settlement is not reached

9.  What is a Part 36 Offer?

A formal settlement offer with potential cost consequences.

Talk to a property solicitor

Buying property is one of the most significant financial decisions you will make. Taking legal advice at an early stage is essential, our Residential Real Estate team can advise on a vast range of legal matters across the residential property sector in a cost-effective and professional manner.

Living together, marriage, or civil partnership does not automatically entitle you to property rights on separation.

Without an agreement:

• Disputes can be expensive
• Resolution can take considerable time

A cohabitation agreement or nuptial agreement can reduce or eliminate disputes, making separation quicker and more cost-effective. At Thackray Williams we:

• Advise first-time buyers on protecting contributions
• Support investors purchasing buy-to-let or commercial property
• Provide tax-efficient structuring advice
• Help families plan for the future

Change of name

Have you considered changing your name or the name of your child? Our team can assist with a change of name for you or on behalf of a child, either on an enrolled or unenrolled basis. 

To learn more on the process of changing a child's name in the UK, visit Children | Thackray Williams www.thackraywilliams.com/individuals/children

Thinking about your next steps with a family matter?

We’re offering a free 30-minute telephone consultation to help you understand how our firm supports clients through divorce, parenting arrangements, property matters and more. This initial conversation is designed to learn about your situation, answer general questions about our services, and help you decide whether we’re the right fit for you.

There’s no obligation—just a chance to talk with a dedicated family lawyer and explore your options moving forward. Terms and conditions apply please speak to the team for more details.

After your free consultation, we may invite you to become a client of the firm. Until you formally engage us, we are still able to speak with your ex-partner or spouse if they contact us separately. Once you choose to instruct us, we will represent you exclusively and will no longer be able to speak with them about the matter.