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No, if you are not married in the UK, your partner is not automatically entitled to your house, as there is no common law marriage. However, your partner may be able to claim a share if they contributed financially to the property or if you jointly own it. To protect your interests, it is best to have a cohabitation agreement in place.
In this blog we will help you determine to what extent your partner is entitled to your house, if at all, and how you can protect your home.
Ownership matters
If your name is the only one on the property deed, then, legally, you are the sole owner. In general, an unmarried partner does not automatically have rights to your home just because they live there.
Contributions and agreements
While ownership is straightforward, complications can arise if your partner has contributed financially to the property. This could include:
- Helping with mortgage payments
- Paying for renovations or repairs
- Contributing to household bills with an understanding that they have a stake in the property
In such cases, they might be able to claim a financial interest in the home, even if their name is not on the deed. This is typically done through a legal concept known as a “constructive trust” or “resulting trust.” However, they would need to provide evidence of their contributions.
If you and your partner have a cohabitation agreement; a legal document outlining property rights, this can clarify ownership and avoid disputes later.
What happens if you separate?
If you break up, your partner may try to claim a share of the home if they can prove they have contributed in a way that gives them a financial interest. However, without proof or a formal agreement, they may have no claim.
Can my partner stay in the house?
If you own the house and your partner is not on the deed, they usually have no automatic right to stay in the property after a breakup. However, if they have been living there for a long time or have dependent children, they may have some legal protections depending on the circumstances.
How to protect your home
If you want to ensure your home remains solely yours, consider:
- Keeping clear financial records
- Having a written agreement stating that your partner has no claim
- Consulting a solicitor if your partner contributes financially
Speak to our cohabitation solicitors today
In short, if you are not married and your partner is not on the deed, they do not automatically have a right to your house. However, financial contributions or agreements can complicate things. If you want to protect your property, being clear about ownership and having a legal agreement can save you from future disputes.
Speak to our specialist cohabitation solicitors in Bath, Bristol or Bradford on Avon for advice on joint marriages in separation, or contact us at info@sharpfamilylaw.com.
