I live in the UK and I own my own house. Is my partner entitled to half if we split?

Question

My name only is on the deeds of the house and I have paid for all the improvements (I've kept all the receipts). I have been with my partner for 3 years. Would he be entitled to half or just a percentage?

Answer 1

This may help you

Home ownership

If you move in with someone and the house is only in their name, usually you have no right to the proceeds from selling the house. This applies unless you can prove:

    * you have contributed to the deposit for the house or the mortgage payments; or

    * you have made a financial commitment (for example, paying for major work on the house) because it was agreed you would own a share of the house.

If the house is not in your name you may have no right to continue to live there if your partner asks you to leave. Also, if the house is not in both your names, you have no right to inherit the house if your partner dies unless they have put this in their will. If they do not leave a will, you may need to make a claim against your partner’s estate through the court. You will only be able to do this if you have been living together for two years or more, or you were being supported financially by your partner.

Your solicitor might recommend that the house is transferred from your partner’s name into your joint names, either as ‘joint tenants’ or ‘tenants in common’. If you own as joint tenants with your partner, you are usually entitled to 50% of the money if you sell the property. And if one of you dies, the other automatically inherits the property, regardless of what is set out in your wills.

However, if you own as tenants in common, you have a right to your own share of the property but no more. By owning as tenants in common you can formally agree exactly what share of the property you each own by getting the solicitor to draw up a ‘deed of trust’. This can prevent disagreements later. If either of you wants to leave your share of the property to the other when you die, this needs to be set out in a will.