Buying A House As An Unmarried Couple: What To Consider And Legal Steps To Take Before Completion

Buying a house together is an exciting step in any relationship. But for unmarried couples, it is also a financial decision, not just a relationship one. Before committing to a purchase, it is important to think about how each partner would be protected if the relationship ended, circumstances changed or one died.

When spouses or civil partners separate, the law considers what is fair when dividing up assets. This does not apply to unmarried couples, with claims between them (other than for any children) limited to properties in which they have a financial stake.

The concept of fairness does not come into it. Instead, the law looks at written agreements or the common intention of the parties to determine who gets what.

That makes it important to agree the legal and practical arrangements at the outset, while both partners are aligned, rather than leaving questions about the home, money and future responsibilities unresolved.

A cohabitation agreement can help record those intentions clearly, alongside any declaration of trust. For many couples, taking advice before completion is a sensible way to protect the relationship position before problems arise.

Why protecting your position before problems arise is critical

Many relationship property disputes arise because couples don’t record what they intended at the point of purchase. If one person contributes more to the deposit, pays for renovations or takes on a larger share of the mortgage and both agree that this should be reflected in the ownership of the property, it is far easier to document that position before completion than to reconstruct it later.

This is especially important where contributions are unequal, where only one partner is named on the legal title, where family money is being used for the deposit, or where either partner has children from a previous relationship. The legal documents should reflect the practical and financial reality of the purchase.

Questions to answer before buying a property with a non-married partner

Unmarried couples should treat the legal structure of the purchase as part of the moving process, not an afterthought.

Important questions for non-married couples buying property together include:

• Will the property be owned equally, or in different shares?
• Will you own as joint tenants or tenants in common?
• Who is paying the deposit, fees and moving costs?
• How will mortgage payments, bills, insurance and repairs be shared?
• What happens if one person wants to sell and the other does not?
• What happens if one person moves out, loses income or can no longer contribute?
• How will any renovations or value-adding improvements be treated?
• What should happen if one of you dies?
• If you have children together, or may have children in the future, how will that impact any financial arrangements on separation

Residential conveyancing solicitors can help record the ownership structure correctly as part of the purchase, while a Family lawyer can advise on a cohabitation agreement to deal with wider financial and practical arrangements.

As Gareth Jones from Napthens’ Residential Conveyancing team explains:

“Buying together can be a positive and practical step, but the legal structure needs to reflect the reality of the arrangement. Before completion, couples should be clear on how they will own the property, how contributions will be recorded and what should happen if plans change. The right conveyancing advice at the outset can help avoid uncertainty later.”

Advice for non-married couples planning to purchase property together

1. Put relationship expectations in writing with a cohabitation agreement

A cohabitation agreement is a legal agreement for couples who live together, or plan to live together, but are not married or in a civil partnership. For a house purchase, it can work alongside the transfer, mortgage documents and any declaration of trust by setting out how the couple intends to deal with the property and wider finances.

It may cover mortgage contributions, household bills, repairs, improvements, ownership of furniture and personal items, what happens if one partner moves out, and how a sale or buy-out would be handled. It can also help align the couple’s expectations with the way the property is legally owned.

This is not about expecting the relationship to fail. It is about giving both people clarity, reducing uncertainty and making sure important decisions are made calmly, at the start, rather than during a separation when emotions may be running high.

2. Think about separation, ownership and inheritance together

How the property is owned can make a significant difference. If a couple owns as joint tenants, they both own the whole property together and, if one dies, the property passes automatically to the surviving owner. If they own as tenants in common, each person owns a defined share, which can be left under their will.

Where contributions are unequal, or where each partner wants their share to pass to someone else on death, tenants in common will be more appropriate. A declaration of trust can then record the agreed ownership shares and the basis on which sale proceeds would be divided. This also makes estate planning especially important.

Stephen Mackeller from Napthens’ Wills, Trusts and Probate team says:

“Property ownership and estate planning should be considered together. For unmarried couples, making or updating a will is particularly important because a surviving partner may not automatically inherit if there is no valid will in place. Taking advice when buying a home can help ensure each person’s wishes are properly documented.”

Cohabitation law reform: why Family law advice still matters

In June 2026, the Government launched a consultation, A fairer end to relationships, looking at potential reforms to the law for cohabiting couples in England and Wales. The consultation explores whether certain unmarried couples should have stronger financial protections on separation and whether bereaved cohabiting partners should have greater rights where a partner dies without a will.

The proposals are significant and, if enacted, will bring cohabitants rights into the family law arena, which is long overdue. But they are not yet law.

Having played a key role in preparing the consultation response of Resolution, the national body that represents family lawyers, I see the consultation as a timely reminder that couples should not wait for reform or assume future changes will protect them. The safest approach is still to put clear arrangements in place now through the right combination of conveyancing advice, a declaration of trust, a cohabitation agreement and up-to-date wills.

A Family law checklist – steps to take before buying together

• Talk openly about how you would each be protected if the relationship ended, one of you moved out or circumstances changed.
• Agree how deposits, mortgage payments, bills and future financial contributions will be treated.
• Decide whether joint tenants or tenants in common best reflects your intentions as a couple.
• Record unequal contributions or family financial support in a declaration of trust where appropriate.
• Consider a cohabitation agreement to set out what should happen if you separate, sell the property or one partner wants to buy the other out.
• Make or update your wills so your wishes are clear if one of you dies.
• Review your arrangements if you have children, receive an inheritance, make major renovations, marry or civilly partner, separate, or one partner’s financial position changes.
• Take advice before completion, not after a problem has arisen.

How Napthens’ Family team can help

Our Family Solicitors can help unmarried couples understand their legal position before buying together, including advice on cohabitation agreements and joined-up support on ownership, declarations of trust and wills. Speak to us before you buy, so you can protect your position, avoid uncertainty and put the right agreement in place.

FAQs for unmarried couples buying property together

1. What should unmarried couples consider before buying a house together?

Unmarried couples should agree how the property will be owned, who is contributing to the deposit and mortgage, how bills and repairs will be shared, and what should happen if they separate, sell the property or one partner dies. These decisions should be recorded before completion wherever possible.

2. Do unmarried couples need a cohabitation agreement when buying a house?

A cohabitation agreement is highly recommended. It can record how mortgage payments, bills, repairs, improvements, belongings and any future sale or buy-out should be handled. This can reduce uncertainty if the relationship ends or circumstances change.

3. What is a declaration of trust for unmarried couples?

A declaration of trust records each person’s share in the property and how sale proceeds should be divided. It is particularly useful where one partner pays a larger deposit, mortgage contributions are unequal, or family money has helped fund the purchase.

4. Should unmarried couples buy as joint tenants or tenants in common?

The right option depends on the couple’s circumstances. Joint tenants means the property passes automatically to the surviving owner if one partner dies. Tenants in common allows each partner to own a defined share, which can be left under their will. This can be important where contributions are unequal or there are children from a previous relationship.

5. Do unmarried partners inherit a house automatically?

Not usually. Unmarried partners do not have the same automatic inheritance rights as spouses or civil partners. If a couple owns as tenants in common, or if one partner wants their share to pass to the other, they should make or update their wills when buying the property.

6. Will cohabitation law reform affect unmarried couples buying property?

Potential reform may change rights for some cohabiting couples in the future, but it is not yet law. Unmarried couples buying a property together should still take advice now on ownership, declarations of trust, cohabitation agreements and wills rather than relying on possible future changes.

7. Who should unmarried couples speak to before buying a home?

Unmarried couples may benefit from joined-up advice from a Family lawyer on a cohabitation agreement, a Residential Conveyancing solicitor on ownership structure and declarations of trust, and a Wills, Trusts and Probate specialist on inheritance planning.