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If you own your home and your partner is moving in, it’s natural to wonder how to keep your property legally protected. You have worked hard for your home, and you’ll want to make sure that moving in together doesn’t blur the lines about who owns what.
At Sharp Family Law, we help homeowners across Bath and Bristol understand how to protect their property when living with a partner, so you can take this exciting step with confidence.
Living together doesn’t give automatic rights
There’s a common myth that couples who live together for long enough become “common law spouses.” In reality, there’s no such thing as common law marriage in England and Wales.
If your partner moves into a home you own, they don’t automatically gain rights to it, but things can become complicated if they start making financial contributions. For example, if your partner pays towards the mortgage, funds renovations, or covers large household costs, they could later try to claim a share of the property.
A cohabitation agreement can protect you both
The clearest way to avoid uncertainty is with a cohabitation agreement. This is a legal document that sets out:
- Who owns the property
- How household costs are shared
- What happens if you separate
It’s not just about protection, it’s about clarity and fairness. A well-drafted agreement gives both partners peace of mind, reducing the risk of disputes later on.
Preparing an agreement does come at a cost, but compared to the emotional and financial stress of a legal dispute over property, it’s often money well spent.
Keep ownership and contributions clear
If the property is in your name, make sure it stays that way unless you deliberately choose to change it. Avoid adding your partner to the title deeds or mortgage without getting advice first.
It’s also sensible to keep a clear record of what each of you contributes, especially if your partner helps with major costs like renovations or mortgage payments. This helps prevent confusion later about whether they’ve gained a financial interest in your home.
Review your Will and consider a Deed of Trust
If you would like your partner to inherit your home if you pass away, you’ll need to say so in your Will. Similarly, if you want to formally record how the property is owned and what happens if you split up, a Deed of Trust can be a valuable tool.
It’s important to seek advice from solicitors specialising in Wills and property trusts, as these documents need to be tailored to your circumstances. At Sharp Family Law, we can work closely with these solicitors to provide a complete service, ensuring your cohabitation agreement, Will, and Deed of Trust all work together to protect your home and your interests.
Get tailored advice before your partner moves in
Every relationship and property arrangement is unique. The best way to protect your home is to get clear, practical advice before your partner moves in.
At Sharp Family Law, our Bath and Bristol team can:
- Advise on property rights and cohabitation agreements
- Work with Wills and trust specialists to provide a full service
- Help you plan for the future with confidence
Thinking about moving in together?
We can help you protect your property and your peace of mind. Contact Sharp Family Law on 01225 448 955, or email us at info@sharpfamilylaw.com, for friendly, specialist advice about cohabitation agreements and property ownership in Bath and Bristol.
