Conveyancing When Buying With a Partner You're Not Married To

Buying a home with a partner you're not married to goes through the same conveyancing steps as any other joint purchase, but the legal protections around your relationship are noticeably thinner than they would be for a married couple, which makes the ownership decision you make at the outset more important, not less. Getting the title structure right, and putting a declaration of trust in place where it's needed, matters a great deal more when you don't have marriage sitting underneath the arrangement as a legal backstop.

Unmarried couples buying together is genuinely common these days, and mortgage lenders and conveyancers handle it all the time, so there's nothing unusual or awkward about the situation itself. But because English law treats unmarried couples quite differently from married couples when it comes to property and separation, it's worth going into the process with your eyes open, rather than assuming the same rules apply just because you're buying a home together in the same way a married couple would.

As with everything on this blog, a disclaimer first: I'm a blogger, not a solicitor, licensed conveyancer, or financial adviser. This article covers the conveyancing side of buying with an unmarried partner, joint tenants versus tenants in common, declarations of trust, and practical steps, but it deliberately steers clear of tax and estate planning advice, which needs a qualified professional looking at your actual situation.

We'll go through how joint ownership works for unmarried couples, why the "common law marriage" myth causes so much confusion, the two ways of holding title, mortgages for unmarried joint buyers, unequal contributions, and what happens if you separate.

Table of contents

• Why there's no such thing as "common law marriage"
• Joint tenants versus tenants in common for unmarried couples
• Why a declaration of trust matters so much here
• Unequal deposits and unequal contributions
• Mortgages when you're buying with an unmarried partner
• What if only one partner's name is on the mortgage?
• What happens to the property if you separate
• Practical steps to protect yourself during conveyancing
• FAQs about buying with an unmarried partner
• Summary and what to do next

Why there's no such thing as "common law marriage"

Let's deal with this one straight away, because it causes more confusion than almost anything else in this area. Despite the phrase being used casually all the time, there's no legal concept of "common law marriage" in England and Wales. Living together for a long time, even for decades, having children together, or referring to each other as husband and wife, none of it creates the same legal rights that marriage does.

Why this matters for buying a house

• Married couples get certain automatic protections and considerations around jointly-used property; unmarried couples generally don't
• If an unmarried couple separates, property is generally divided according to strict legal ownership (who's on the title, and in what shares), not according to what feels fair based on the relationship
• Courts have much less flexibility to redistribute property between unmarried ex-partners compared with divorcing spouses
• This makes it considerably more important to get the ownership paperwork right at the point of purchase, rather than relying on the relationship itself to sort things out later

This isn't meant to sound alarming, plenty of unmarried couples buy homes together and everything works out fine. But understanding this gap clearly, right from the start, is exactly why the ownership decisions covered in this article matter so much more for unmarried buyers than they might for a married couple.

Joint tenants versus tenants in common for unmarried couples

As with any joint purchase, you and your partner will need to decide how to hold the legal title between you. The two options are the same ones available to any co-owners, but the practical reasoning behind the choice often looks different for unmarried couples.

Joint tenants

Holding the property as joint tenants means you own the whole property together, with automatic right of survivorship, if one of you dies, the other automatically inherits that share, regardless of what either person's will says. This can suit couples who see their finances and future as fully shared and equal.

Tenants in common

Holding as tenants in common means each of you owns a defined, specific share, which can be equal or unequal depending on your circumstances. There's no automatic right of survivorship, so your share passes according to your will (or the rules of intestacy if you don't have one) rather than automatically to your partner.

Why many unmarried couples lean towards tenants in common

• It allows shares to directly reflect unequal deposit contributions, which is common when one partner has more savings than the other
• Because there's no automatic marital protection if the relationship ends, having a clearly defined, provable share can matter a great deal more
• It gives each partner the ability to leave their share to family members, children from a previous relationship, or anyone else, through a will
• It pairs naturally with a declaration of trust, which many unmarried couples find gives them useful peace of mind

None of this means joint tenants is the "wrong" choice for unmarried couples, some have very good reasons for choosing it. It's simply worth making an informed decision rather than defaulting to whatever option happens to be mentioned first on a form.

Why a declaration of trust matters so much here

A declaration of trust is a legal document that sets out, in writing, exactly how a property is owned between co-owners, including the percentage shares, and often what should happen in various scenarios, such as sale or one party wanting to buy the other out.

What a declaration of trust can cover

• The percentage share each partner owns, particularly useful where contributions to the deposit were unequal
• How any future sale proceeds should be divided, including whether either partner is entitled to be repaid a specific sum first (for example, to reflect a larger initial deposit) before the remainder is split
• What happens if one partner wants to sell and the other doesn't
• Arrangements for ongoing costs, such as who pays what share of the mortgage, utility bills, or maintenance

Why this is particularly valuable for unmarried couples

Because there's no marriage underpinning the relationship legally, a declaration of trust is often the clearest, most reliable evidence of what was actually agreed if a dispute arises later. Without one, if you separate and disagree about who's entitled to what, working it out can become considerably more complicated, sometimes requiring expensive and stressful legal proceedings to establish what everyone's true financial contributions and intentions actually were.

Not every unmarried couple needs an elaborate document, if you're contributing entirely equally and are both comfortable with a straightforward equal split, a simpler arrangement might suit you fine. But it's a conversation worth having with your solicitor rather than skipping past, particularly if your contributions aren't equal.

Unequal deposits and unequal contributions

It's extremely common for one partner in an unmarried couple to contribute more towards a deposit than the other, whether through savings, a gift from family, or an inheritance. How this is handled can make a real difference later on.

Options worth discussing with your solicitor

• Reflecting unequal deposit contributions directly in unequal ownership shares as tenants in common
• Treating a larger contribution as a loan to be repaid on sale, rather than as a straightforward difference in ownership percentage
• Agreeing that unequal deposits are treated as a gift between partners, with ownership then held equally regardless of who paid what

None of these is automatically "correct," it depends entirely on what you and your partner actually agree, and what you both consider fair. What matters from a conveyancing perspective is that whatever you decide gets written down properly, ideally in a declaration of trust, rather than being left as an informal understanding that could be remembered differently by each of you years down the line.

Money from family members

If a parent or family member is contributing towards the deposit, it's worth clarifying early whether that money is a gift to one partner specifically, or to the couple jointly, since this can affect how it should be reflected in the ownership shares. Mortgage lenders will also usually want a signed gift letter confirming the money doesn't need to be repaid and that the person gifting it has no ongoing interest in the property.

Mortgages when you're buying with an unmarried partner

From a mortgage lender's perspective, being unmarried doesn't generally make a joint application more difficult. Lenders are used to unmarried couples applying together, and the process looks much the same as it would for a married couple.

What to expect

• Both incomes are usually assessed together, which can increase your total borrowing capacity compared with a sole application
• Both partners are typically jointly and severally liable, meaning the lender can pursue either of you for the full mortgage amount if repayments aren't made
• Credit checks are carried out on both applicants, so financial issues affecting one partner can affect the whole application
• Some couples choose to take mortgage advice together from a broker experienced with unmarried joint buyers, particularly where contributions and future plans differ

Joint and several liability is worth pausing on. It means that if your partner stops paying their share of the mortgage for whatever reason, the lender can still come after you for the entire monthly payment, not just half. That's true whether you're married or not, but it's a good reminder of why it's worth discussing money openly with your partner before committing to a joint mortgage.

What if only one partner's name is on the mortgage?

Sometimes only one partner goes on the mortgage and title, perhaps because of income differences, credit history, or a preference to keep the purchase in one name for now. This is entirely possible, but it's worth understanding the implications.

Things worth knowing

• If only one partner is on the title, the other generally has no automatic legal interest in the property, unlike the position a spouse might be in
• A partner not on the title who nonetheless contributes financially (towards the deposit, mortgage payments, or renovations) may still be able to establish a beneficial interest in certain circumstances, but this usually requires evidence and can be legally complicated to prove
• If this situation applies to you, a cohabitation agreement, alongside proper legal advice, is generally a much safer approach than relying on an informal understanding
• Mortgage lenders may still want the non-owning partner to sign certain documents confirming they have no claim on the property, particularly if they're living there

If you're the partner not going on the title, it's genuinely worth getting independent legal advice before agreeing to anything, particularly if you're contributing financially. This is exactly the kind of situation where a proper conversation with a solicitor is far safer than assuming things will work out based on trust alone.

What happens to the property if you separate

This is the section that makes the earlier points about ownership structure and declarations of trust feel a lot less theoretical. If an unmarried couple separates, the property is generally divided according to strict legal ownership, not according to fairness in a broader sense.

Key points about separation for unmarried couples

• If you're joint tenants, the default assumption is an equal split, regardless of who actually paid what towards the property over the years
• If you're tenants in common with a declaration of trust, that document is usually the strongest evidence of what was agreed, making disputes considerably less likely
• Without a declaration of trust, and without agreement, resolving a dispute can require a court to examine financial contributions and conduct in detail, which can be a slow, costly, and stressful process
• Family law protections that apply automatically to married couples on divorce generally don't apply in the same way to unmarried couples on separation

This is precisely why we keep returning to the importance of sorting out the paperwork properly at the point of purchase. It's not a comfortable topic to think about when you're excited about buying a home together, but it's exactly the kind of thing that pays off enormously if things ever do go wrong later.

Practical steps to protect yourself during conveyancing

None of this needs to feel intimidating. There are some straightforward, practical steps that unmarried couples can take during the conveyancing process to protect both partners properly.

Steps worth taking

1. Have an honest conversation with your partner about contributions, before instructing a solicitor, so you both know roughly what you want to achieve
2. Ask your solicitor directly about the difference between joint tenants and tenants in common, and whether a declaration of trust would suit your situation
3. If contributions are unequal, make sure this is reflected properly in writing, rather than left as a verbal understanding
4. Consider a cohabitation agreement alongside the property paperwork, particularly if you have other shared finances or plan to have children together
5. Keep records of what each of you actually pays towards the deposit, mortgage, and any major renovations, in case they're needed as evidence later

Independent legal advice

If your situation is at all complicated, unequal contributions, one partner not on the title, money from family, it's often worth each partner getting their own independent legal advice, rather than relying solely on the joint conveyancing solicitor, who is acting for you both together rather than advising on your individual interests against each other.

FAQs about buying with an unmarried partner

Do unmarried couples have the same rights as married couples when buying a house?
No. There's no legal concept of "common law marriage" in England and Wales, so unmarried couples don't get the same automatic protections married couples do, which makes the ownership paperwork more important.

Should unmarried couples choose joint tenants or tenants in common?
It depends on your circumstances and contributions. Tenants in common is often preferred where contributions are unequal, since it allows for defined, potentially unequal shares, but there's no single right answer for everyone.

Do we need a declaration of trust if we're not married?
It's not a legal requirement, but many unmarried couples find it valuable, particularly where deposit contributions are unequal, since it provides clear written evidence of what was agreed.

Can only one partner be on the mortgage if we're buying together?
Yes, that's possible, but the partner not on the mortgage or title generally has no automatic legal interest in the property, so it's worth getting independent advice if this applies to you.

What happens to the house if we separate and aren't married?
Generally the property is divided according to legal ownership (joint tenants or tenants in common shares) rather than what feels fair, which is why clear paperwork at the point of purchase matters so much.

Is buying with an unmarried partner riskier than buying with a spouse?
The conveyancing process itself is similar, but the legal protections around the relationship are different, so it's worth taking extra care with ownership structure and getting proper legal advice if your situation is at all complex.

Summary and what to do next

• There's no legal concept of "common law marriage" in England and Wales, which makes ownership paperwork particularly important for unmarried couples
• Joint tenants gives automatic survivorship; tenants in common allows defined, potentially unequal shares that can be left in a will
• A declaration of trust can provide valuable clarity, especially where deposit contributions are unequal
• Mortgage lenders generally treat unmarried joint applicants similarly to married couples, with joint and several liability applying either way
• If only one partner is on the title, the other may have limited automatic legal interest in the property, so independent advice is worth considering
• On separation, property is generally divided according to strict legal ownership rather than broader fairness, unlike the position for divorcing spouses

As always, I'm a blogger rather than a solicitor, licensed conveyancer, or financial adviser, and this article isn't tax, estate planning, or personalised legal advice. If you and your partner are working out how to structure ownership, or thinking about a declaration of trust or cohabitation agreement, that's a conversation to have with a qualified solicitor who can look at your full circumstances.

Need help or have questions?

We can't advise on your personal ownership structure or provide estate planning guidance, since we're not a firm of solicitors, but we're happy to point you towards further reading on how joint conveyancing generally works.

Our contact form is the quickest way to reach us, just send your question through and we'll get back to you. For advice tailored to your specific situation, please speak with a qualified solicitor or licensed conveyancer.

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One last reminder that this is a blog, not a law firm, and none of the above is legal, financial or estate planning advice. Please seek personalised guidance from a qualified solicitor or licensed conveyancer before making decisions about buying property with a partner.