We Are Not Married But Have Lived Together For Years: Am I Entitled To A Share Of Our Family Home?

• Published date: 11 July 2023
• Subject Matter: Real Estate and Construction, Landlord & Tenant - Leases
• Law Firm: Thomson Snell & Passmore
• Author: Ms Kirstie Law

The position with cohabiting couples is very different to that with married couples. There is no entitlement to assets that the other person owns and, contrary to popular assumption, there is in law no such thing as a 'common law' husband or wife. This means that the court looks at strict legal ownership in the event of separation, unlike with married couples where a court can transfer assets if it feels that in all the circumstances it would be fair to do so.

If you are unmarried and not in a civil partnership and live in a property which is owned in your joint names, you will either be named as 'beneficial joint tenants' or 'tenants in common'. Either way, you are likely to be entitled to a share of the proceeds of sale when the property is sold, subject to any express agreement which says otherwise, such as a declaration of trust providing for one party alone to own the beneficial interest in the property, despite it being in joint names legally.

If you live in a home that is registered in your partner's sole name and are not married or in a civil partnership then you have no automatic right to a share of the equity. It may be possible to make a claim if you can satisfy the court that you have acquired an interest as a result of legal principles called resulting and constructive trusts, or have been led to believe that you have an interest in the property and acted in reliance on this, something known as proprietary estoppel, but not everyone is able to establish such an interest.

There is no entitlement to an interest in the property as a result of, for example, bringing up children or taking responsibility for more of the day to day household chores. Somebody who has lived in a property owned by their partner for many years...