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Buying Property Together Unmarried: Essential Legal Documents You Need

· 14 min

Note: The following scenario is fictional and used for illustration.

Sarah and Marcus thought they'd covered everything. At 34 and 37, they'd saved £50,000 for a deposit on a £280,000 Bristol flat - Sarah contributed £35,000, Marcus £15,000. They bought as "joint tenants" because their conveyancer said it was simpler. No Declaration of Trust. No Cohabitation Agreement. No wills.

When Sarah died unexpectedly in a car accident 18 months later, Marcus discovered the brutal reality of UK cohabitation law. Despite living together for eight years and jointly owning their home, Sarah's 50% share didn't automatically go to him - it went to her parents under intestacy rules. Marcus owned only half the flat he'd called home. Sarah's parents wanted to sell immediately. Marcus faced a choice: buy out a £140,000 share he couldn't afford, or lose his home.

You're among the 3.5 million cohabiting couples in the UK, the fastest-growing family type. But here's what your conveyancer might not tell you: without the right legal documents in place before you complete, you have virtually no protection. Here are the four documents that could save you from Marcus's nightmare.

Table of Contents

Why Unmarried Couples Have No Automatic Property Rights

46% of those in England and Wales wrongly assume cohabitants living together form a "common law marriage." The reality: there is no such thing as common law marriage in UK law. Unmarried partners are legal strangers to each other.

If you're not on the title deeds, you have no automatic rights to the property - regardless of how long you've lived together or whether you have children.

Under UK intestacy rules in England and Wales, if your partner dies without a will, you inherit nothing. Their property goes to blood relatives, not to you. Courts cannot adjust property ownership to be "fair" for cohabitees the way they can in divorce.

While the government announced in February 2025 a consultation on cohabitation rights reform (expected 2026-2027), no protections currently exist.

The number of cohabiting couple families grew from 3.1 million in 2014 to 3.5 million in 2024, representing 17.7% of all families.

This is why you need a Declaration of Trust - legal proof of who owns what.

Document 1: Declaration of Trust (Deed of Trust)

A Declaration of Trust is a legally binding document that records each person's ownership share, contributions, and how sale proceeds will be divided.

In Stack v Dowden [2007] UKHL 17, the House of Lords established that when there's joint legal ownership, the starting point is equal beneficial ownership - unless evidence shows otherwise. A Declaration of Trust is that evidence.

Create this before completion. Your Declaration of Trust must include:

  • Ownership percentages (such as 70% and 30%)
  • Initial financial contributions from each party
  • Ongoing contribution arrangements - who pays mortgage, bills, repairs
  • How sale proceeds will be divided
  • Buy-out and exit clauses

Jordan contributed a £40,000 deposit, Alex contributed £10,000 to buy a £250,000 house. Their Declaration of Trust states Jordan receives the first £30,000 of equity on sale, then remaining equity is split 50/50. Without this, "joint tenants" ownership would give each 50% regardless of contributions.

Property disputes between unmarried couples typically take over a year to resolve through court proceedings under the Trusts of Land and Appointment of Trustees Act 1996.

While a Declaration of Trust protects your property investment, a Cohabitation Agreement covers everything else.

Document 2: Cohabitation Agreement

A Cohabitation Agreement is a legally binding contract covering financial arrangements, responsibilities, and what happens if cohabitation ends. It's broader than a Declaration of Trust.

Your Cohabitation Agreement should cover:

  • Property ownership (can reference Declaration of Trust)
  • Financial contributions - who pays bills, groceries, utilities
  • Debt responsibility
  • Children's arrangements (not binding on family courts)
  • What happens on separation

Professional Cohabitation Agreement drafting costs £799-£3,000 depending on complexity, typically £1,500-£2,000 for comprehensive coverage.

Even with property and finances protected, what happens when one of you dies?

Document 3: Individual Wills for Both Partners

Under UK intestacy rules, if you die without a will, your partner inherits nothing.

Joint tenants: The survivor automatically gets the deceased's share.

Tenants in common: The deceased's share passes under intestacy rules to blood relatives - not to unmarried partner.

Unmarried partners can claim under the Inheritance (Provision for Family and Dependants) Act 1975 if cohabiting two or more years before death, but must go to court - costly, uncertain, and traumatic.

A will allows you to leave your property share to your partner.

Each partner's will should cover:

  • Property share (if tenants in common)
  • Other assets - savings, investments, possessions
  • Guardian nominations if you have children
  • Executor appointments
  • Funeral wishes

Priya and Sanjay bought as tenants in common: Priya 65%, Sanjay 35%. When Priya died, her will left her 65% share to Sanjay, making him 100% owner. Without the will, Priya's parents would have inherited her 65%, forcing Sanjay to buy them out or sell.

Your will determines who inherits your share, but the ownership type determines whether your share can be willed at all.

Document 4: Documentation of Ownership Type

How you're registered at Land Registry determines all your rights.

Joint tenants: Equal 50/50 shares, automatic survivorship.

Tenants in common: Defined shares (70/30, 60/40, etc.), share passes under your will.

Check by downloading the title register from Land Registry (£3). Joint tenants cannot leave their share by will - automatic survivorship overrides it. Tenants in common can.

You can change by "severing the joint tenancy" using Form SEV (free from Land Registry).

When to sever joint tenancy:

  • Unequal deposit contributions
  • One partner has children from previous relationship
  • Want to protect investment if relationship ends
Feature Joint Tenants Tenants in Common
Ownership shares Always 50/50 Any split (70/30, 60/40)
When one dies Survivor gets share automatically Share passes under will
Can leave by will? No Yes
Best for Equal contributions Unequal contributions
Protects larger contributor? No Yes

Joint Tenants vs Tenants in Common: Which Protects You Better?

For unmarried couples, tenants in common is typically recommended - especially with unequal contributions.

When tenants in common is essential:

  • Unequal deposit contributions
  • Either partner has children from previous relationship
  • Want to protect larger investment
  • Relationship relatively new

Sophie contributed a £60,000 deposit, Jake £20,000 to buy a £320,000 house. As tenants in common (75% Sophie, 25% Jake), if they sell for £400,000:

  • Sophie receives: £300,000 (75%)
  • Jake receives: £100,000 (25%)

If they'd been joint tenants, each would get £200,000 - Sophie loses £100,000 of her investment.

What Happens Without These Documents (TOLATA Disputes)

The Trusts of Land and Appointment of Trustees Act 1996 governs property disputes for unmarried couples. Cases that go to trial are likely to take over a year to resolve.

Courts examine legal ownership, financial contributions, and common intention. What courts cannot do: Apply "fairness" like in divorce.

When James and Olivia separated after nine years, they couldn't agree who owned their £450,000 house:

  • Timeline: 14 months to trial
  • Legal costs: £60,000 combined
  • Outcome: Court found Olivia owned 35%
  • If they'd had a Declaration of Trust at purchase: £156,300 better off
Issue Without Documents With Declaration of Trust
Timeline 12-18 months 3-6 months
Legal costs Substantial Minimal
Outcome certainty Uncertain Certain

When to Get These Documents in Place

Before purchase:

  1. During conveyancing: Instruct solicitor to draft Declaration of Trust
  2. Before completion: Both partners create wills

Already bought without documents:

You can still create these documents. Sever joint tenancy using Form SEV if needed. Get professional advice for a "retrospective" Declaration of Trust.

Life events that trigger updates:

  • Major home improvements
  • Inheritance used for property
  • Having children
  • Marriage plans

How Much These Documents Cost (And Why They're Worth It)

Declaration of Trust:

Cohabitation Agreement:

Wills:

  • WUHLD online will: £99.99 per person
  • High street solicitor: £150-£300 per person

Form SEV: Free from Land Registry

Total protection package: £700-£5,000 depending on complexity.

Cost of not having documents: Court proceedings can be substantial and take 12-18 months.

For 0.5-1% of your property value, you can protect 100% of your investment.

Frequently Asked Questions

Q: What legal documents do unmarried couples need when buying property together?

A: Unmarried couples buying property need four essential legal documents: a Declaration of Trust (specifying ownership shares and what happens on sale), a Cohabitation Agreement (covering finances and responsibilities), individual Wills (ensuring inheritance intentions), and documentation of your ownership type (joint tenants or tenants in common). Without these, you have no automatic legal protection if the relationship ends or one partner dies. These documents cost £700-£5,000 total but protect your entire property investment.

Q: What's the difference between joint tenants and tenants in common for unmarried couples?

A: Joint tenants own equal 50/50 shares and the property automatically passes to the survivor when one dies, bypassing wills and intestacy rules. Tenants in common each own a defined percentage (like 70/30) that reflects contributions, and each share passes according to your will, not automatically to your partner. For unmarried couples, tenants in common with a Declaration of Trust offers better protection, especially when contributions are unequal or either partner has children from previous relationships.

Q: Do unmarried couples have the same property rights as married couples in the UK?

A: No. The UK has no "common law marriage" legal status - 46% of adults wrongly believe this exists. Unmarried partners have no automatic rights to each other's property, regardless of how long they've lived together or whether they have children together. If you're not named on the title deeds, you could be forced to leave with nothing if the relationship ends or your partner dies. This is why legal documents like a Declaration of Trust and Wills are essential for protecting your investment.

Q: What is a Declaration of Trust and why do unmarried couples need one?

A: A Declaration of Trust (or Deed of Trust) is a legally binding document that records each person's ownership share in a property, how much each contributed, and how sale proceeds will be divided. It's essential for unmarried couples because without it, property disputes can only be resolved through expensive court proceedings under the Trusts of Land and Appointment of Trustees Act 1996, which typically take over a year and involve substantial legal costs. Courts have described Declarations of Trust as providing conclusive evidence of ownership shares.

Q: What happens if an unmarried couple splits up without legal documents?

A: Without a Declaration of Trust or Cohabitation Agreement, property disputes must be resolved through court proceedings under TOLATA 1996, which typically take over a year and involve substantial legal costs per person. The court determines ownership based on financial contributions and intentions, but "fairness" isn't considered the way it is in divorce settlements. The partner who contributed more financially or whose name is on the title deeds usually has stronger rights, but proving contributions and intentions without documentation is expensive and uncertain.

Q: Can I inherit my partner's property if we're not married?

A: Not automatically. Under UK intestacy rules, unmarried partners inherit nothing when their partner dies, even after decades together - the property goes to the deceased's blood relatives (parents, siblings, children). The only ways to inherit are: (1) if you're named in your partner's will, (2) if you own the property as joint tenants (automatic survivor rights), or (3) by making a court claim under the Inheritance (Provision for Family and Dependants) Act 1975 after living together two or more years (expensive and uncertain). A will is the only reliable way to ensure inheritance.

Q: How much does a Cohabitation Agreement cost in the UK?

A: Professional Cohabitation Agreement drafting costs £799-£3,000 depending on complexity, with comprehensive agreements covering property ownership, financial responsibilities, children's arrangements, and inheritance planning typically costing £1,500-£2,000 from a solicitor. While this seems expensive, it's far cheaper than resolving property disputes through court proceedings if the relationship ends. Think of it as insurance for your property investment at 0.5-1% of property value.

Q: Can I create these documents after we've already bought the property?

A: Yes - it's never too late to protect your investment, though it's easier and cheaper to create documents during the purchase process. If you've already completed, you can create a "retrospective" Declaration of Trust based on your purchase contributions (gather bank statements and mortgage records as evidence), sever a joint tenancy by completing Form SEV, and create wills any time. Book a consultation with a family law solicitor specializing in cohabitation to create documents based on your current situation and past contributions.

Q: What happens to a Declaration of Trust if we get married?

A: If you marry or enter a civil partnership, matrimonial law supersedes your Declaration of Trust - divorce courts have overriding authority to divide property in a way they consider "fair," regardless of what your Declaration of Trust says. You should replace your Declaration of Trust with a prenuptial agreement (before marriage) or postnuptial agreement (after marriage) if you want to maintain agreed property division arrangements. The Declaration of Trust still has value for proving contributions if you later divorce.

Q: Do I need separate wills if we own property as joint tenants?

A: Yes, you absolutely need individual wills even as joint tenants. While your property share passes automatically to the surviving partner under joint tenancy (bypassing your will), your will covers everything else: savings, investments, personal possessions, guardian nominations for children, funeral wishes, and digital assets. Plus, if you later switch to tenants in common for better protection, your will becomes essential for leaving your property share. Every adult needs a will - unmarried couples even more so because intestacy rules offer no protection.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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