While cohabitation has become increasingly common, there remains a widespread misconception that unmarried couples acquire the same legal rights as married spouses simply by living together for a number of years. This is often referred to as the “common law marriage” myth, but in England and Wales no such legal status exists.

This misunderstanding can become particularly significant when a relationship comes to an end. One of the most common areas of dispute concerns the family home, especially where one partner believes they have earned a share of the property despite not being the registered legal owner. Unlike divorce proceedings, where the family court has broad powers to divide matrimonial assets fairly, disputes between unmarried couples are determined using property and trust law rather than family law principles of fairness.

Whether someone can successfully claim a share of a property depends entirely on the particular facts of the case. The ownership documents are important, but they are not always the final answer, and there are some situations where a person who is not named on the title deeds may still establish that they have a beneficial interest in the property.

Does being named on the title deeds matter?

Where both partners are named on the title deeds, there is usually a strong presumption that they intended to own the property together. However, even where two people are registered owners, questions can still arise over exactly what proportion each owns. It is not uncommon for one partner to have contributed a substantially larger deposit or made greater mortgage repayments, leading to disagreement about their respective shares.

If only one partner is named as the registered owner, matters become more complicated. Legal ownership rests with that individual, but it does not automatically prevent the other partner from claiming a beneficial interest if they can demonstrate that they acquired one through their contributions or through an agreement between the parties. This means that a person who may not appear on the title deeds may still have an equitable interest in the property that the courts are prepared to recognise.

Can someone claim a share without being the legal owner?

As stated above, there are certain circumstances where an unmarried partner who is not the legal owner may be able to establish a beneficial interest in the property.

These claims frequently arise after many years of cohabitation where one partner assumed they would have rights because they contributed towards the home or because both parties regarded it as a shared family asset.

The courts will examine whether there was either a common intention that both parties should share ownership or whether one person acted to their detriment in reliance upon that understanding. Each case turns on its own evidence, and there is no fixed formula the courts follow. Fundamentally, simply living together for a lengthy period does not create ownership rights.

For example, one partner may have moved into a property already owned by the other. Although they never became a registered owner, they may have contributed towards the mortgage, paid for significant renovations, funded an extension, or invested considerable sums improving the property. If those contributions were made on the understanding that the property would effectively belong to both of them, they may have grounds to pursue a claim.

By contrast, paying ordinary household expenses such as food shopping, utility bills or council tax will not necessarily establish an ownership interest, although these payments may still form part of the wider factual picture.

What evidence can support a claim?

Because many couples do not formalise their financial arrangements, the court frequently has to piece together the parties’ intentions from their conduct over many years. Financial contributions are commonly relied upon, and may include payments towards:

  • The purchase deposit
  • Mortgage instalments
  • Substantial renovations or structural improvements
  • Extension works
  • Major refurbishment projects

Direct financial contributions are generally easier to prove than indirect ones, particularly where bank statements, invoices, or payment records exist. However, financial contributions are not the only form of evidence the court may consider.

Discussions between the parties may also be highly relevant in showing intention. Emails, text messages, letters, or other written communications suggesting that both individuals regarded the property as jointly owned can assist considerably. In some cases, conversations witnessed by family members, friends, or professional advisers may also provide useful evidence.

The court may also examine how the couple organised their finances; joint bank accounts, shared responsibility for significant household expenditure and evidence that both parties planned their financial future together may all help establish the overall picture.

It is rarely one single piece of evidence that determines the outcome; more often, the court considers the entire relationship and assesses whether the evidence shows a shared intention regarding ownership.

The importance of declarations of trust

One of the most effective ways of avoiding future disputes is through a Declaration of Trust, which is a formal legal document that records how beneficial ownership of a property is to be divided. It can specify equal ownership or set out different percentages reflecting each person’s financial contribution.

For example, one partner may contribute a significantly larger deposit while both parties agree to share future mortgage payments equally. A Declaration of Trust can record exactly how these differing contributions should be reflected if the property is later sold.

Such documents provide clarity and certainty from the outset, and can significantly reduce the likelihood of expensive disputes if the relationship breaks down.

Although a Declaration of Trust carries considerable weight, disputes can still arise regarding its interpretation or whether it has subsequently been varied by agreement. Nevertheless, it remains one of the strongest forms of evidence available because it records the parties’ intentions in writing. Without such documentation, establishing ownership often becomes far more difficult, particularly where many years have passed since the property was purchased.

When court proceedings become necessary

If ownership remains disputed and negotiations fail, court proceedings may be required to determine whether a beneficial interest exists and, if so, the extent of that interest. These cases are often brought under the Trusts of Land and Appointment of Trustees Act 1996 (commonly known as TOLATA).

The judge’s task is not to redistribute property according to what appears fair in the way the family court may do during divorce proceedings. Instead, the court seeks to identify the parties’ legal rights by determining what was intended and whether the evidence supports the claimed beneficial interest.

Because these cases often involve disputed recollections of conversations that took place many years earlier, documentary evidence usually carries significant weight.

Court proceedings can become expensive, time-consuming, and emotionally demanding. They should generally be viewed as a last resort after genuine attempts to resolve matters have been exhausted.

Seeking early advice can make a significant difference

Taking legal advice at an early stage can help clarify your position, identify the evidence needed to support your case, and explore whether the matter can be resolved without court proceedings. Where litigation becomes unavoidable, thorough preparation and a clear understanding of the legal principles involved can make a considerable difference to the outcome.

If you would like advice on the legal options for claiming a share of the house when unmarried, please contact us today.

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Co–Habitation Scenario

The scenario below does not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

The Scenario

Mr R separated from his partner of 10 years with whom he had a five year old son. Their apartment was in her name. This came about because he was working abroad when they began their relationship. He paid half the purchase price into his partner's account and she completed the purchase paying the other half. Now she had the property up for sale.

Our Solution

We took detailed instructions and put a block on the title. We then located the evidence to prove his claim. He offered to buy out his partner but she then insisted the apartment was worth more than the price she had been offering it for sale. We issued an application following which the property was professionally valued and Mr R bought the remaining half share. She then refused to let Mr R see their son. We obtained a declaration of parental responsibility and visiting rights for Mr R.

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Nisha Tayal

With over 20 years of expertise in family law, Nisha specialises on all aspects of relationship breakdown and is trusted by clients for her discreet, tailored advice.

Family Director (filex)

Natalie Matthews Bunting

Natalie is a specialist in divorce and financial remedy, including high value cases involving multiple pensions, multiple properties and multiple businesses.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Solicitor

Sophie John

An experienced solicitor, Sophie advises on matters relating to divorce, financial separation in both marriages and cohabiting relationships and children arrangements.

Solicitor

Alex Robinson

Alex supports the family team on a variety of matrimonial and Children Act matters that are often complex and with an international element.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

Paralegal

Izzy Minor

Izzy Minor is a Paralegal in the Family Team, supporting fee earners, and is a qualified Advanced CILEx Paralegal (MCILEx), holding a Diploma in Law and Practice.

Paralegal

Madison Bryant-Pollins

Madison provides dedicated support to the Family and Contentious Probate teams, including case management and the provision of clear, empathetic assistance to clients.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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