Who Gets the House When an Unmarried Couple Splits Up
September 2025
When a relationship breaks down, one of the biggest concerns for any couple is what happens to the family home. For unmarried couples in England and Wales, this can be particularly stressful because the law treats them very differently from married couples. There is no such thing as “common law marriage”, and separating partners often find they have fewer rights than they expected.
This summary provides general information and does not constitute legal advice on any individual circumstances.
Property in One Partner’s Name
If the property is legally owned by one partner alone, the starting point is that they are the legal owner. The other partner does not automatically have a right to stay in the home or to receive a share of the equity, even if they have lived there for many years.
However, in some circumstances, the non-owning partner may be able to claim an interest in the property. This usually involves showing that they made financial contributions, such as towards the mortgage or significant improvements, or that there was an understanding that they would have a share. These claims can be complex and require clear evidence.
Jointly Owned Property
If the property is owned in joint names, what happens depends on how it is registered at the Land Registry. Where the property is held as joint tenants, both partners own it equally, and the equity is usually split 50/50. Where the property is held as tenants in common, each partner owns a specific share, which may or may not be equal. This share will normally dictate how the proceeds are divided if the property is sold.
Many couples do not realise the significance of how their property is registered until they separate. It is therefore important to understand this from the outset when buying a home together.
Children and the Family Home
Where children are involved, the court will always put their needs first. Even if the home is in one partner’s name, the court can make orders under Schedule 1 of the Children Act 1989 to ensure that the children have a secure place to live. This might mean allowing one parent and the children to remain in the property for a set period, even if the other partner is the legal owner.
It is important to note that these arrangements are made for the benefit of the children, not the cohabiting partner. Once the children reach adulthood, the property usually reverts fully to the legal owner.
Avoiding Disputes
Disagreements about the home can be some of the most difficult and emotional aspects of separation. Many of these disputes can be avoided if arrangements are put in place at the time of purchase. A declaration of trust or cohabitation agreement can make clear who owns what and how the equity should be divided if the relationship ends.
These documents not only protect financial contributions, such as unequal deposits, but also provide peace of mind by setting out expectations in advance. Without them, separating couples may face lengthy and costly disputes in court.
Why This Matters
For most couples, the home is their most valuable asset. Finding out too late that the law does not provide the protections you assumed can have serious consequences. Understanding how ownership works and taking steps to protect your position early on can prevent uncertainty and reduce stress if the relationship ends.
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.
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