My partner owns the house what rights do I have?

When your partner owns the property, it can be confusing to know what rights you have.

The type of rights that you could be looking to protect include:

• The right to reside/live in the property.
• The right to have friends and family visit.
• The right to a beneficial interest in the property.

The rights you have over a property differ depending on your relationship with your partner and if your name is registered on the legal title.

We’ll examine each scenario and explain what your rights are below. This article will cover the rights of different types of relationships including married couples, civil partnerships, and cohabiting partners.

Additionally, we will delve into how family law affects property rights for unmarried couples in various relationships.

For more information on asset protection before marriage, check out our article here.

If you're married or in a civil partnership and in the matrimonial home

Under English law, both partners have the legal right to live in their matrimonial home whether it is held in the names of both parties or just the sole name of one.

This falls under home rights and can only be overruled by the courts, such as a divorce order or order for sale.

The split of the matrimonial home will depend on whether you have children or if there are any financial obligations or other reasons for the divorce.

In most cases, a post-marital matrimonial home will be shared equally - i.e. 50:50, even if the property is currently held in just one of the party’s names.

What should you do?

You’ll have a right to live in the property until the divorce, annulment, or dissolution is finished and a court settlement is agreed upon with your partner.

On occasions, a Continuation Order may be given by the court to stay in the property longer if there is a property dispute.

Read more >> Who Gets the House in Divorce/Dissolution?

What are my rights if I leave the marital home?

Leaving the home doesn't affect your rights. However, if you stop making mortgage payments, this may affect your claim.

If your now ex-partner has kicked you out, you may be able to get access through a court application.

Do you need help with an Occupation Order application?

How do I stop my partner from selling the joint marital home?

If you are married or in a civil partnership, you have home rights to reside in the marital or family home.

If the marital home is in your partner's sole name then you can apply a charge onto the property that stops them from selling it.

You can apply for a HR1 at the Land Registry by completing this form - Notice of home rights: registration (HR1)

To ensure this application goes through as smoothly as possible you may choose to instruct a solicitor to make this application to register a charge on your home, on your behalf. The fees are relatively inexpensive, contact us to see how we can help.

If you're married or in a civil partnership in a buy-to-let mortgage

A buy-to-let in the UK isn't resided in by either party so any financial split should be following the divorce order.

The rights to a share of the buy-to-let will normally be equal if a post-marital purchase, or it'll potentially be classed as a pre-marital asset that remains with the original owner.

If you would like to divide ownership of a buy-to-let property in unequal shares with your spouse or civil partner, you will need to be registered as tenants in common and execute a deed of trust.

How do I stop my partner from selling without me knowing?

When you jointly own a property in England, if one party doesn't want to sell then the other party can only sell with an order for sale.

If, however, the other party attempts to commit fraud by forging ID documents and signatures, then this can be avoided by applying the anti-fraud restriction Form LL to the legal title at the Land Registry.

This means to sell or raise finances over the property, both parties must first have their ID verified by a solicitor.

Joint tenants with a beneficial interest but unmarried

As joint tenants, you own the rights to the property equally; both to reside, rent and share any proceeds on the sale.

You can sever the joint tenancy at any time. However, if you do you'll need to have agreed on what your share of the property is, otherwise, you face a lengthy and costly property dispute.

Are you arguing over who really owns the house? Find out how much you are owed from the property.

Tenants in common but unmarried

By definition, tenants in common own separate shares of the property and have the right to live in the property.

Your shares in the property will have been stated in either:

• The TR1 on purchase or transfer.
• A deed of trust.

Unmarried and not on the legal title?

You do not have to be a legal owner of the property to have a right to it. If you are paying money towards the mortgage on the understanding that you’ll get a share of the beneficial interest on the sale, you could have a right to the property.

A non-owning partner may claim a financial interest in the property based on contributions towards the mortgage or improvements, highlighting the importance of recognising financial contributions and property value enhancements.

In such cases, the legal owner holds the property on trust for the non-legal owner - this is known as a Constructive Trust.

What should you do?

A cohabitation agreement can specify the financial interests and rights of a non-owning partner, ensuring that both parties have a clear understanding of their financial contributions and expectations in the event of a breakup.

This agreement can establish the rights to a share of property equity, define financial contributions, set expectations in the event of a relationship breakdown, and clarify the rights and responsibilities of both partners.

You’ll commonly need the help of a solicitor to prove you have an interest in the property and to confirm how much. The legal position of unmarried couples can be complex, requiring legal documentation to assert any claims over the property.

You should always seek legal advice and put in writing what your intentions are before paying any money toward the property.

Does it matter whose name is on the house?

As joint owners and joint tenants together, you have equal rights to the whole property.

As tenants in common, you can have equal or unequal separate shares, but you both still have the right to enter and occupy the property, until or unless a court order dictates otherwise.

How can you protect yourself when one partner owns the house?

Rights to property after separation: not married

When living with an unmarried partner who owns the house, you do not have any claim to the property unless you can evidence that you made payments toward the household (mortgage, maintenance, bills etc.) and this was understood by yourself and your partner to be in exchange for a share of the property.

Additionally, a non-owning partner may claim a beneficial interest in the property based on their financial contributions, emphasising the importance of documenting these contributions which might potentially entitle them to a share of the property proceeds and the right to continue inhabiting the property.

You need to agree in writing either:

• a) Agree that you will not be entitled to any share of the property, or;
• b) Agree that you will contribute toward the house and become a part owner to reflect that.

If you choose a) you can protect yourself by being very careful not to spend more of your money than you want to on a property which you know doesn’t belong to you and you will get nothing from it if you break up.

What about my partner moving into the house I own?

If you choose b) you can get a deed of trust to establish that you own a fixed share, or a floating deed of trust which will increase your share with each payment you make toward the mortgage and maintenance costs.

The deed can also set out agreed terms for what you will do if you break up and want to get your money out of the property. It is the best way to protect both parties and avoid painful disputes if the relationship ends or breaks down.

Get your agreement in writing, if you do not want your partner to establish a claim on your property.

To further safeguard your interests and clarify the terms of your partner moving into a house you own, consider drafting a cohabitation agreement.

This legal document can outline the rights and obligations of both partners, including the right to a share of property equity, financial contributions, and expectations in the event of a relationship breakdown.

It's a proactive step to prevent future disputes and ensure both parties understand their full legal rights and responsibilities.

Married or civil partners

If your spouse owns the property you live in, your rights are protected to some extent by the marriage or civil partnership.

If you intend to share ownership of the property, it is best to make this official with a Transfer of Equity, where your partner can transfer any share of the property to you.

If your partner owned the property before you were married and doesn't transfer any equity to you, it may be treated as a pre-marital asset in the event of a divorce and be granted to them, provided this doesn't make you homeless.

What is 'cohabiting' for couples?

Cohabiting is a term to describe a couple in an intimate committed relationship who live together but are not married or civil partners.

Sex and gender are irrelevant and the relationship of the cohabitees does not have to be sexual. Cohabiting partners do not have the same rights that are granted to married or civil partners.

A cohabitation agreement is a legal document or written agreement that can clarify the rights and responsibilities of cohabiting partners.

How do you prove cohabitation in the UK?

You'll need evidence to prove you both live there, such as a joint lease, bank statements for each of you at the same address, letters that are addressed to both of you and joint utility bills.

Can my girlfriend claim half my house?

Your girlfriend doesn’t have an automatic right to half your house as you are not married or in a civil partnership.

However, she might claim a beneficial interest in the property based on her financial contributions towards mortgage repayments, renovations, or household costs, potentially entitling her to a share of the property proceeds and the right to continue inhabiting the property.

The risk is that, unless you stated otherwise, your girlfriend may argue that she owns a beneficial interest in the property if she has made payments towards:

• Mortgage repayments.
• Deposit to buy the property.
• Repairs or Renovations.r
• Household costs.

The challenge for the girlfriend is that she will need to evidence all of the above and instruct a solicitor to confirm what her beneficial interest is.

When a partner owns the house it can cost between £2,500 to upward of £40,000 to bring a claim through the courts.

Mediation is a good way to keep costs down and get to a reasonable conclusion that both parties are happy with.

The above can be avoided if you get your girlfriend to sign a Declaration of No Interest before she pays any money toward the property.