Cohabitees ' Do I Have Any Property Rights?

• Published date: 07 July 2023
• Subject Matter: Real Estate and Construction, Landlord & Tenant - Leases
• Law Firm: Myerson Solicitors LLP
• Author: Myerson Solicitors LLP

If you are unmarried and have split from your partner, it can be confusing to know what rights you have in relation to the property you occupy.

Your rights will differ depending on whether your name is on the legal title and the financial arrangements you had with your partner.

My partner owns the house. What rights do I have?

You do not have an automatic right to half of the property because you live there.

If you had a cohabitation agreement drawn up when you moved into the property, then the terms of that agreement should be looked at.

However, if one of the parties no longer wishes to proceed in accordance with the terms of that agreement, you should seek legal advice as soon as possible.

You do not have to be a legal owner of the property to acquire an interest in the property.

There is a possibility that if there was an agreement with your partner that you would have an interest in the property and contribute financially to the property, you may be entitled to a share of the beneficial interest, and you could have a right to the property.

This is known as a constructive trust.

Constructive Trust

A constructive trust arises where it would not be conscionable for the person who owns the legal title to the property to deny the other of an interest in it, as otherwise they would be unjustly enriched.

A constructive trust is based on the parties' intentions, and it can either be express and therefore written by way of a declaration of trust or inferred through conduct.

It is for you to show that you and the legal owner intended to share the beneficial interest in the property.

Once it has been established that you intended to share the beneficial interest in the property, it may be that your share in the property has increased over time due to a subsequent event or agreement.

My partner owns the house. What rights do I have?

You do not have an automatic right to half of the property because you live there.

If you had a cohabitation agreement drawn up when you moved into the property, then the terms of that agreement should be looked at.

However, if one of the parties no longer wishes to proceed in accordance with the terms of that agreement, you should seek legal advice as soon as possible.

You do not have to be a legal owner of the property to acquire an interest in the property.

There is a possibility that if there was an agreement with your partner that you would have an interest in the property and contribute financially to the property, you may be...