Legal Considerations When Buying Property with a Partner and Signing on the Dotted Line

September 30, 2026

Legal Considerations When Buying Property with a Partner and Signing on the Dotted Line

Buying a property with a partner is a significant decision, both emotionally and financially. However, the legal implications of buying a property with a partner are often overlooked by purchasers.

This is particularly important for unmarried couples. There were an estimated 3.5 million cohabiting-couple families in the UK in 2025, representing 17.6% of all families, according to the Office for National Statistics.

Despite the prevalence of cohabitation, unmarried couples do not automatically have the same legal rights as married couples or civil partners simply because they have lived together for a particular period of time.

Understanding how a property will be owned, and what that means if the relationship ends, the property is sold or one owner dies, is therefore an important part of the buying process.

Types of Property Ownership

There are two ways that property can be owned:

Joint Tenants:

This means the property is owned jointly by both co-owners, with no distinct or identifiable shares.

As there are no distinct shares, a co-owner’s interest does not pass under their will or through the intestacy rules.

Instead, if one of the co-owners dies, the surviving co-owner automatically becomes entitled to the whole property. This is known as the right of survivorship.

A joint tenancy can also be severed during the owners’ lifetimes. Following severance, the owners will hold the beneficial interest as tenants in common instead, meaning the right of survivorship will no longer apply.

Tenants in Common:

This means that each co-owner owns a specified share in the property. These can be equal or specifically reflect the respective contributions of the co-owners.

Unlike a joint tenancy, this share can be transferred during the owner’s lifetime or disposed of under their Will.

If one co-owner dies, their share does not automatically pass to the surviving co-owner. Instead, it will pass in accordance with their Will or, if they do not have a valid Will, under the intestacy rules.

Co-owners who choose to hold property as tenants in common should therefore consider whether their Wills accurately reflect their intentions.

If the property is held as tenants in common, the co-owners may have a declaration of trust. This is a document that records the contributions to the property, and upon sale and/or separation, sets out how the proceeds of sale will be distributed between the owners.

Depending on the circumstances, a declaration of trust can also deal with matters such as mortgage payments and other outgoings, contributions towards renovations or improvements, what happens if one party wishes to sell and whether one owner should have the opportunity to buy the other’s share.

When might each option be appropriate?

Married couples or those in a civil partnership often choose joint tenancy as the right of survivorship means the surviving owner automatically becomes entitled to the deceased owner’s interest in the property.

Where one person has made a larger contribution to the purchase price of the property, it may be preferable to choose tenants in common and record the parties’ respective shares in a declaration of trust, to ensure that this contribution is recognised on sale or separation.

What about the mortgage?

The ownership of the property should also be considered separately from liability under any mortgage.

Where both purchasers are named as borrowers, the terms of the mortgage will usually make them jointly and severally liable for the mortgage debt. This means that the lender may be entitled to pursue either borrower for the full amount owed, rather than simply the proportion that the couple has agreed each will pay.

An agreement between co-owners about how they will divide the mortgage payments between themselves does not necessarily alter their obligations to the mortgage lender.

When do legal issues arise?

Legal issues often arise when people do not appreciate the difference between joint tenants and tenants in common.

It is a common misconception that when buying a property with a partner, you receive back what you put in. This is not necessarily the case. If a property is owned as joint tenants, the net proceeds of sale are usually divided equally between the co-owners, regardless of their individual contributions.

Upon sale or separation, owners can therefore be surprised to discover that the legal position does not reflect what they believed they had agreed. .

Before purchasing a property, your conveyancer should explain the differences between the various options and ensure you understand the implications before making a decision.

This is particularly important where one purchaser is providing a larger deposit, family members are contributing towards the purchase price, or the parties have agreed that mortgage payments or sale proceeds will be divided unequally.

What if one owner wants to sell and the other does not?

There may also be an issue where one co-owner wishes to sell the property and the other does not.

In these circumstances, a co-owner may need to apply to the court for an order of sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court has discretion when ordering a sale and will look at factors such as:

The parties’ intentions when buying the property
The purpose for which the property is held
The welfare of any minor children who occupy, or might reasonably be expected to occupy, the property as their home
The interests of any secured lenders

There is no automatic presumption that the court will order a sale simply because one co-owner wants one. If the property is held as tenants in common in unequal shares as set out in a declaration of trust, the court will usually treat this document as binding.

Therefore, co-owners could unknowingly choose an option which is not aligned with their intentions. This can lead to unintended financial consequences or prevent a co-owner from dealing with their share as they intended.

If you have not been advised properly in relation to co-ownership, you may have a claim in professional negligence. For further information on how we could help, please see our article here: Negligent Co-Ownership Advice: Owning Property as Joint Tenants or Tenants in Common and Your Solicitors’ Obligations

Protecting your interests before you sign

Buying a home together is a significant commitment, but the legal consequences of co-ownership can continue long after completion. How the beneficial interest in the property is held can affect what each owner receives on a sale, what happens if the relationship breaks down and who becomes entitled to an owner’s interest if they die.

These issues are much easier to address at the outset than after a dispute has arisen. Before signing on the dotted line, purchasers should ensure that the ownership structure reflects what they have actually agreed, particularly where they are contributing different amounts, and consider whether a declaration of trust and updated Wills are appropriate.

Our Residential Property team can provide practical advice to help you make informed decisions and protect your interests.