Moving in with a partner is a big step, but what happens if only one person owns the house? Unlike married couples, unmarried partners do not automatically have legal rights to the property - even if they’ve contributed to mortgage payments, bills, or renovations.
If you’re in a relationship where one partner owns the house, it’s important to understand what legal rights the other partner has. In this guide, we cover everything you need to know about your rights before moving in, during the relationship, and after separation.
What rights do you have if your partner owns the house?
If your name is not on the property’s title deeds or mortgage, you have no automatic legal ownership rights, even if you live there and contribute financially. Your rights will depend on:
Whether you’re married or unmarried: Marriage grants stronger legal rights.
Whether you contribute financially: Regular payments towards the mortgage or home improvements may help you establish a 'beneficial interest' in the property. This is where you claim a share of the benefits of the property like living in it or sharing rental income.
Whether you have a cohabitation agreement: A cohabitation agreement is a legal document that outlines financial contributions and property rights. It's usually put together before a couple moves in together.
If you are not married and your partner owns the house, you may be in a vulnerable position if the relationship ends. However, there are legal ways to protect yourself.
What happens if you separate?
If you break up and your partner owns the home, you may have no automatic right to stay in the property or receive a share of it - unless you can prove a financial interest in the home. A financial interest is a right to share in the benefits of a property, even if you're not the legal owner. It's another word for having a beneficial interest in a property.
Can I claim a share of the house?
To claim a financial interest in the home, you would need to prove that:
You contributed financially: This includes paying towards the mortgage, renovations, or property improvements.
There was a legal agreement: A cohabitation agreement or a legally recognised verbal or written promise from your partner.
You were promised a share: If your partner assured you that you would have rights to the home, you may have a case under proprietary estoppel (a legal principle protecting those who relied on a promise).
If you can prove a financial interest, you may be able to apply for a declaration of trust or take legal action under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
Can I stay in the house after a breakup?
If you're married, you have a legal right to stay in the home, even if your name is not on the title deeds.
If you're unmarried, you have no automatic right to stay, but you may be able to negotiate temporary housing arrangements.
If children are involved, the courts may allow the parent with primary custody to stay in the home until alternative arrangements are made.
If your ex-partner asks you to leave, seek legal advice from a family lawyer to understand your options.
Do your rights change when you get married?
Yes, marriage grants stronger legal rights over a home, even if only one partner owns it.
Married partners have a legal right to live in the home (known as 'home rights'), even if their name is not on the title deeds.
In a divorce, the property may be divided fairly, depending on financial contributions, needs, and childcare responsibilities.
A non-owning spouse can apply to the court for a share of the property or a right to stay in the home.
💡 Top tip: If you plan to get married, you can look to protect your financial interests with a prenuptial agreement instead of a cohabitation agreement.
What to do before moving in together
If one partner owns the home, consider taking legal steps to protect both of your interests before moving in:
1. Set up a cohabitation agreement
A cohabitation agreement is a legally binding document that outlines:
Who owns the property
Financial contributions (mortgage, bills, renovations)
What happens if you split up
2. Consider adding your name to the title deeds
If you are contributing financially, you may want to be added as a joint owner through a declaration or deed of trust.
3. Keep records of financial contributions
If you pay towards the mortgage, home improvements, or household bills, keep proof of payments in case you need to claim a financial interest later.
4. Make a will
If one partner owns the home, the non-owning partner may not automatically inherit it if the owner passes away. A will ensures that your wishes are legally protected.
FAQs
If my partner owns the house, do I have any rights?
If you are unmarried and your name is not on the property deeds, you have no automatic legal rights to the home. However, if you have contributed financially, you may be able to claim a share under property law.
Can my partner kick me out if they own the house?
If you're not married and not on the property deeds, your partner can ask you to leave. However, if you have contributed financially or have children together, you may be able to challenge this legally.
Can I get my name added to the house if my partner owns it?
Yes, but only if your partner agrees. This can be done by creating a declaration of trust or updating the property title with the Land Registry.
Does living together for a long time give me ownership rights?
No. There is no such thing as 'common law marriage' in the UK. Simply living together - even for many years - does not give you legal rights over your partner’s property.
Final thoughts
If one partner owns the house, the other may have limited legal rights - especially if they are unmarried. To protect yourself:
Consider a cohabitation agreement to clarify financial contributions and property rights.
Keep records of financial contributions to prove a financial interest in the home.
Make a will to ensure your partner is protected if something happens to you.
Seek legal advice if you are unsure about your rights.