My Son Is Moving In With His Girlfriend
September 2025
For many parents, the news that their son is moving in with his partner is an important milestone. While it is often an exciting time, it can also raise questions and concerns, especially about what it means for his financial security. In England and Wales, couples who live together without marrying do not automatically gain the same rights as those who are married. Understanding the legal position can help families avoid problems later on.
This summary provides general information and does not constitute legal advice on any individual circumstances.
The Common Law Marriage Myth
Many parents assume that if their son lives with his partner long enough, they will automatically have the same rights as a married couple. In England & Wales, this is a myth. Cohabiting partners do not gain automatic rights over each other’s property or finances, no matter how long they live together.
Property Ownership
If your son and his partner are buying a property together, it is important that ownership is recorded correctly. If the property is registered as joint tenants, both partners own it equally, meaning that any equity is split 50/50 regardless of who paid the deposit. If the property is registered as tenants in common, each partner’s share can be recorded separately, which can protect unequal contributions such as a larger deposit from one side.
Where the home belongs to just one partner, the other will not usually have rights to it unless there is evidence of financial contribution or a clear agreement in place. This can leave one partner vulnerable if the relationship ends.
Protecting Financial Contributions
Many young people now receive help from parents or family to get onto the property ladder. If your son is putting in a larger deposit, perhaps with financial support from you, steps should be taken to protect that contribution. This can be done through a declaration of trust, which records how much each person has contributed and how the equity should be divided if the home is sold.
A cohabitation agreement can go further by setting out not only how the property is owned but also how bills, mortgage payments, and other financial responsibilities will be managed during the relationship.
Why These Agreements Matter
Conversations about money and ownership can feel uncomfortable, especially when a relationship is new. But having clear arrangements in place is not about mistrust — it is about fairness and protecting what has been invested. Without an agreement, disputes can arise if the relationship ends, which may be costly and stressful to resolve. Having a cohabitation agreement or declaration of trust in place provides clarity for both partners and peace of mind for the wider family.
Looking Ahead
Your son moving in with his partner is an exciting step, but it is also a time to think carefully about the practical side. Protecting deposits, understanding property ownership, and making clear agreements can help avoid problems later. While it may not be the most romantic part of moving in together, it is one of the most important for long-term security.
How Can Fullers Help?
At Fullers Family Law, we understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee' promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 371478, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
