If you are living with your girlfriend or partner, you may wonder what happens to your property if you break up. The answer to the question, ‘Is my girlfriend entitled to half my house UK?’ depends on the circumstances. Here, our expert family solicitors explain the legal position relating to the property shared by unmarried couples.
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Is My Girlfriend Entitled To Half My House UK If We Own It jointly?
If you and your girlfriend own the house jointly, she is entitled to a share of it. However, the size of her share will depend on the type of ownership.
Joint property owners can hold their property as either joint tenants or tenants in common. Most couples own their houses as joint tenants. Under a joint tenancy, each owner owns all of the property. If one dies, the house does not form part of their estate, and ownership passes entirely to the surviving partner. If your relationship breaks down, both you and your girlfriend have equal rights to remain living in the property. When you sell the house, the sale proceeds are split equally between you. So, in this situation, the answer to the question ‘Is my girlfriend entitled to half my house UK?’ is yes; if the property is owned as joint tenants, she is entitled to remain living in the property when your relationship ends, and to half of the proceeds of sale.
On the other hand, if you and your girlfriend own the property as tenants in common, you each own a specific share. Tenancies in common are often used when individuals purchase a property together but aren’t a couple, for example, family members and friends. If you hold your house as tenants in common, you own your share entirely, and your girlfriend owns her share independently of you. When one owner dies, their share of the house does not pass to the other, but forms part of their estate. This means you are at liberty to leave your share of the house to whomever you choose.
Under a tenancy in common, you and your girlfriend decide the extent of your respective shares in the house. You can, of course, choose to hold it on an equal 50/50 basis. Alternatively, you may choose to reflect your contributions to the purchase price, or ongoing financial contributions to the relationship. If you split up and decide to sell the house, you are entitled to a share in the sale proceeds that reflects your share in the house. So, in this situation, the answer to the question ‘Is my girlfriend entitled to half my house UK?’ is, it depends. If you hold the house equally, your girlfriend is entitled to half. If you choose to hold it on a different basis, your girlfriend is entitled to her specific share.
Is My Girlfriend Entitled To Half My House UK If It Is In My Sole Name?
If your house is registered in your sole name, the general position is that your girlfriend is not entitled to half. Unlike married couples or civil partners, whose rights over the matrimonial home are protected by law regardless of how it is held, unmarried couples are treated by the law as mere cohabitees. So, just as a friend who lives with you would not be entitled to half of your house if they move out, your girlfriend is not automatically entitled to a share of the property you lived in together during your relationship.
However, there are exceptions to every rule. There are some circumstances in which your girlfriend may be entitled to a share of your house even if she is not registered as a legal owner. These circumstances are fairly limited and rely on your girlfriend proving that you had a shared intention that the property was to be jointly owned. The Court may infer an agreement of this nature through your conduct. For example, if your girlfriend financed substantial home improvements whilst you lived together, a Judge may consider this indicates an understanding that she had some rights over the property.
So, the answer to the question, ‘Is my girlfriend entitled to half my house UK if it is in my sole name?’ is generally, no, unless she can prove a joint intention that she would have an interest in the property. If she can, the Court has a wide discretion as to how to recognise that interest. Examples of the types of relief a Judge might award include forcing a sale of the house or allowing your girlfriend to live in it.
How We Can Help
It is far better to avoid disputes over property ownership than to deal with one when it arises. To prevent disputes and obtain certainty about their positions, many unmarried couples enter into a Cohabitation Agreement to set out the extent of their rights and responsibilities over assets such as the property they share. Our family law solicitors have extensive experience in drafting watertight, effective Cohabitation Agreements and will prepare an Agreement that accurately reflects your intentions and minimises the risk of lengthy, expensive disputes in the event your relationship breaks down.
If your relationship has ended and you are concerned that your girlfriend may seek to claim a share of your property, you should take legal advice as soon as you can. Our family law solicitors will consider your circumstances and devise a strategy that protects your interests to the fullest extent possible. Their advice is focused on achieving the best possible outcome for their clients in the quickest, most cost-effective way. They are friendly, approachable, and always on hand to put your mind at rest and answer any queries you may have about your matter.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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