Buying a home together as an unmarried couple is an exciting milestone and a significant financial commitment. However, the legal framework differs markedly from that applicable to married spouses. The legal framework, however, differs markedly from that of married spouses.

There is no automatic financial protection if the relationship later breaks down, and ownership rights will depend entirely on how the property is structured and properly documented at the outset.

Many couples assume that living together for years creates legal rights similar to marriage. It does not. There is no concept of “common law marriage” in UK law, and without clear documentation, disputes can become complex and costly to resolve.

Taking legal advice before exchange of contracts provides clarity, certainty and long-term protection.

How Should We Own the Property?

When you buy a property together, you must choose how you legally own it. There are two main options.

If you buy as joint tenants, you both own the entire property together. There are no defined shares. If one of you passes away, the property automatically transfers to the other.

If you buy as tenants in common, each of you owns a specific share. This can be 50/50, or it can reflect different financial contributions. For example, if one partner contributes a larger deposit, their share can be formally recorded.

This decision affects what happens if you separate, sell the property, or if one of you dies. It should not be made lightly.

What If We Are Contributing Different Amounts?

This is one of the most common questions we are asked.

If one partner is paying a larger deposit, contributing more towards the mortgage, or using personal savings, this should be clearly recorded. The safest way to do this is through a Declaration of Trust.

A Declaration of Trust sets out:

• Who paid what towards the deposit
• How mortgage payments are treated
• What percentage each person owns
• How the proceeds will be divided if the property is sold

Without this document, disagreements later can become complex and expensive to resolve.

Do We Also Need a Cohabitation Agreement?

A Declaration of Trust deals specifically with the property.

A cohabitation agreement goes further. It can set out how you share household expenses, what happens to joint savings, and what should happen if the relationship ends.

While it may feel uncomfortable to discuss these matters at the beginning, putting clear agreements in place often strengthens the relationship by removing uncertainty.

What Happens If We Separate?

If unmarried couples separate and cannot agree on what should happen to the property, the matter may need to be resolved by the court under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

Unlike divorce proceedings, the court does not divide assets based on fairness or future needs. It looks at ownership and evidence of contributions.

This is why clear documentation at the time of purchase is so important. Prevention is far simpler than litigation.

Can a Family Law Solicitor Help?

Yes.

While a conveyancing solicitor deals with the purchase transaction itself, a family law solicitor can help you:

• Decide on the most appropriate ownership structure
• Draft a Declaration of Trust
• Prepare a cohabitation agreement
• Protect unequal financial contributions
• Advise on risk planning
• Represent you if a dispute arises

Early advice provides clarity and protects both parties.

Protecting Your Investment

Buying property together is a major financial commitment. For unmarried couples, it is also a moment that requires careful legal planning.

Clear agreements do not signal mistrust — they provide structure, transparency and protection for the future.

At Forest & Co Solicitors, we advise unmarried couples across England and Wales on property ownership, Declarations of Trust, cohabitation agreements and property disputes. If you are planning to purchase a home with your partner, we are available to provide tailored advice before you commit.