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How to Buy a House with a Partner (Even If You’re Not Married) – 2025 UK Guide

Thinking of buying a home with your partner without getting married? This UK 2025 guide explains joint ownership types, legal protections, mortgage tips, and agreements to protect your rights.

WiseNest Editorial Team
WiseNest Editorial Team
12/08/20254 min read✓ Verified

Why Buying Together Without Marriage Needs Careful Planning

In the UK more couples than ever are choosing to buy a property together without being married or in a civil partnership.
It’s exciting—and often financially necessary—but it comes with unique legal risks that many people overlook.

Unlike married couples unmarried partners have no automatic legal rights to each other’s property. Without proper planning a relationship breakdown or unexpected event could lead to disputes over ownership contributions and sale proceeds.

This guide explains exactly how to buy a house with your partner when you’re not married —covering mortgage arrangements legal ownership options cohabitation agreements and how to protect your investment.


Step 1: Understand Your Legal Position

If you’re unmarried UK law does not give you the same rights as married couples under the Matrimonial Causes Act 1973 .
Ownership and rights are determined by whose name is on the title deeds and the type of legal ownership you choose.


Step 2: Choose the Right Ownership Structure

When buying with a partner in the UK you’ll typically choose between Joint Tenants or Tenants in Common .

Joint Tenants – Equal Ownership

  • Each partner owns the whole property jointly.

  • If one dies the other automatically inherits their share ( right of survivorship ).

  • You cannot leave your share to someone else in your will.

  • Proceeds from a sale are split equally regardless of individual contributions.

Best for: Couples contributing equally and wanting automatic inheritance rights.


Tenants in Common – Defined Shares

  • You each own a specific percentage of the property (doesn’t have to be 50/50).

  • You can leave your share to anyone in your will.

  • Proceeds from a sale are split according to ownership shares.

  • Requires a deed of trust to record contributions.

Best for: Couples contributing unequal amounts or wanting flexibility in inheritance planning.


Step 3: Get a Deed of Trust (Declaration of Trust)

A Deed of Trust is essential if you’re buying as tenants in common or contributing unequally.

It can:

  • Record how much each partner contributed to the deposit.

  • Set out how mortgage payments will be split.

  • Outline how sale proceeds will be divided.

  • Protect one partner’s contribution if the other fails to pay their share.

undefined WiseNest Tip: This is one of the strongest protections for unmarried buyers—it can prevent costly disputes later.


Step 4: Consider a Cohabitation Agreement

While a deed of trust covers the property a cohabitation agreement covers wider financial matters such as:

  • Who pays bills and maintenance costs.

  • How household items are owned.

  • What happens to pets if you split.

It’s a practical written record of your intentions signed by both parties.


Step 5: Agree on How You’ll Handle the Mortgage

When you apply for a joint mortgage both names are on the loan agreement—and you’re both jointly and severally liable .
This means:

  • If one partner stops paying the other is responsible for the full repayment.

  • Missed payments will affect both credit scores.


Mortgage Options:

Option

Pros

Cons

Joint Mortgage (both names on deeds and mortgage)

Shared ownership & responsibility

Risk if one partner defaults

Sole Mortgage Joint Ownership

One person qualifies for mortgage both own property

Lender approval needed; affordability checks apply

Sole Ownership & Mortgage

Simpler legally

No automatic rights for non-owner partner


Step 6: Plan for the “What Ifs”

It may feel awkward but you need to discuss:

  • What happens if you break up?

  • How will the property be valued?

  • Who gets first option to buy the other out?

  • What if one person can’t pay their share?

undefined Pro Tip: These conversations are much easier before you buy than during a breakup.


Step 7: Protect Your Share in the Event of Death

If you’re not married your partner won’t automatically inherit your share unless you’re joint tenants.
To protect them:

  • Write a will specifying who inherits your share.

  • Consider life insurance to cover the mortgage if one of you dies.


Step 8: Budget for All Upfront and Ongoing Costs

Apart from your deposit you’ll need to budget for:

  • Solicitor fees (£1 000–£2 000)

  • Survey (£300–£1 000)

  • Mortgage fees (up to £1 500)

  • Stamp Duty (only for properties over £425 000 for first-time buyers in England)

  • Insurance (buildings contents and possibly life cover)


Common Mistakes to Avoid When Buying with a Partner Unmarried

  1. Not having a deed of trust when contributing unequal amounts.

  2. Skipping the will —leaving your partner vulnerable.

  3. Assuming joint tenants is always best —it isn’t for everyone.

  4. Not discussing exit strategies in case of a breakup.

  5. Forgetting to factor in bills repairs and maintenance beyond the mortgage.


Final Thoughts

Buying a home with a partner when you’re not married can be a smart move—but it’s also legally risky if you don’t protect yourself.
By choosing the right ownership structure having proper legal agreements and planning for the unexpected you can enjoy the benefits of joint homeownership without unnecessary stress.

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Published: 12 August 2025
🤔Common Questions About This Topic
Q:Can you buy a house together if you’re not married?
Q:What is better: joint tenants or tenants in common?
Q:Do we both have to be on the mortgage?
Q:What happens if we break up?
Q:How can I protect my deposit contribution?
Q:Do I need a will if we own as tenants in common?

This content is optimized to answer these questions comprehensively.

Frequently Asked Questions

Can you buy a house together if you’re not married?

Yes—many couples do. You just need to decide on the right ownership type (joint tenants or tenants in common) and protect your interests legally.

What is better: joint tenants or tenants in common?

Joint tenants work best if contributions are equal and you want automatic inheritance. Tenants in common are better for unequal contributions or flexible inheritance planning.

Do we both have to be on the mortgage?

No—one can be on the mortgage, but both can be on the deeds. Lender approval is required.

What happens if we break up?

The outcome depends on your ownership structure, deed of trust, and any agreements in place. Without them, disputes can be lengthy and costly.

How can I protect my deposit contribution?

Use a deed of trust to clearly record your contribution and how sale proceeds will be divided.

Do I need a will if we own as tenants in common?

Yes—your share won’t automatically go to your partner unless you specify it in a will.

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