It is not uncommon for couples – both married and unmarried – to share a property registered solely in one partner’s name. If you live in your partner’s property, it is sensible to turn your mind to the question ‘My partner owns the house what rights do I have UK?’ to ensure you are not faced with any unpleasant surprises in the unfortunate event your relationship ends.
The answer to the question ‘My partner owns the house, what rights do I have UK?’ depends on your individual circumstances, most notably your marital status. Here, our expert family law solicitors explain the legal position of married and unmarried individuals who share their partner’s house.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
“I was delighted by the prompt response and the friendly helpful service we received. Thank you.”
My Partner Owns The House, What Rights Do I Have UK – Married Couples And Civil Partners
The law protects the rights of married individuals and civil partners to a far greater extent than those of unmarried couples. Matrimonial Homes Rights specifically protect husbands, wives, and civil partners where the matrimonial home is owned by the other partner. They allow the non-owning partner to continue living in the property if their relationship ends. To ensure your position is fully protected, you should register your Matrimonial Home Rights against your partner’s property. Once you do so, your partner cannot sell the house unless you agree.
The home you share with your partner will be among the assets divided as part of the financial settlement element of your divorce or civil partnership dissolution. Ideally, you and your partner will reach an amicable agreement about how your assets should be split. However, if you cannot, the Court will step in and divide them for you.
Some couples choose to minimise the risk of a lengthy dispute if their marriage or civil partnership breaks down by entering into a Prenuptial or Postnuptial Agreement. Once the preserve of the rich and famous, these Agreements are becoming increasingly popular, particularly among couples wishing to protect the interests of children from previous relationships or who marry in later life. Our family law solicitors have prepared countless Prenuptial and Postnuptial Agreements and will work closely with you to draft an Agreement that mirrors your intentions and protects your interests and those of your family.
My Partner Owns The House, What Rights Do I Have UK – Unmarried Couples
If you and your partner are not married or in a civil partnership, you have no automatic rights over the property you share during your relationship if it is owned solely by your partner. There is no such thing as a ‘common law’ wife or husband, and the law views you as mere ‘cohabitees’, regardless of how long you have been a couple and lived together. As a result, if your relationship ends, you may be forced to leave the property you have called home.
However, you may be able to claim a beneficial interest over the property in certain, albeit limited, circumstances. To convince a Court that you have a beneficial interest, you must prove that you and your partner intended to own the house jointly. You would need to have cogent evidence of a joint intention, the nature of which will depend on the situation. For example, if you paid for an expensive extension to the property, the Court may consider that you did so because it was owned by both you and your partner.
If you are deemed to have a beneficial interest in the house, the Court has a wide discretion as to the relief it grants. Examples of the types of orders the Court may make include allowing you to continue living in the property or forcing a sale of the house.
Prevention is always better than cure, and avoiding a property dispute if your relationship ends is far better than addressing one that arises when tempers are raised and emotions are raw. Cohabitation Agreements are a convenient, cost-efficient way for unmarried couples to document how their relationship should proceed, and what should happen to their assets in the event it ends. You can use your Cohabitation Agreement to provide clarity on pertinent issues such as next of kin rights, how your assets should be divided if your relationship ends, and what should happen to the house you share. Cohabitation Agreements that are properly drafted and fulfil the relevant legal criteria should be legally binding on the parties. Our family law solicitors regularly assist clients in preparing watertight, legally enforceable Cohabitation Agreements. They will ensure the Agreement addresses all relevant issues and gives you peace of mind that your position will be protected if your relationship breaks down.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
“Very informative and clear. The Solicitor fully understood out requirements. Everything was completed to our satisafction in a suitable timeframe. The service and the delivery of the service was exemplary. First class from all concerned. It was apparent from the first meeting that we had chosen well in approaching Simper Law. First class knowledge and customer care at all times. Very attentative, helpful and efficient.”
