28 May 2026 · 6 min read
Where you stand if you are not married
There is no such thing as common law marriage in England and Wales. No matter how long you have lived together, cohabiting gives you no automatic right to your partner's property. If you separate, you cannot rely on family law to divide things fairly the way a divorcing couple can. Instead, your claim rests on property and trust law, and that turns almost entirely on evidence. We covered the wider picture in what happens to your property if you split up and you are not married; this guide is about the practical steps to claim your share.
If you are both on the title
Where you are both named as joint legal owners, the starting point is that you own the home in equal shares. If you contributed unequally and believe you are entitled to more, you have to show that you both intended a different split. A signed Declaration of Trust answers this outright. Without one, the court looks at your contributions and conduct to decide whether the shares should be something other than 50/50.
If only your partner is on the title
This is the harder position. If the home is in your partner's sole name, you do not start with any share at all. To claim one, you generally have to establish what is called a beneficial interest under a constructive trust. In practice that means showing two things: that there was a common intention that you would share ownership, and that you acted to your detriment in reliance on it, for example by paying towards the deposit, the mortgage, or significant improvements.
These claims are fact-heavy and difficult, which is precisely why contemporaneous evidence is so valuable. The more you can show about what you paid and what was agreed, the stronger your position.
The role of evidence
Whichever situation you are in, the case is built on evidence: contributions to the deposit and mortgage, money spent on improvements, and any written or recorded discussion of how ownership would work. This is where proving what you paid becomes the whole ball game. A clear, timestamped record turns a he-said-she-said argument into a documented claim.
The usual process
- Negotiate. Most separations are resolved by agreement, often with one person buying the other out.
- Mediate. A neutral mediator can help you reach a settlement without going to court.
- Apply to court. As a last resort, a claim under TOLATA can ask the court to determine the shares and order a sale. See forcing the sale of a jointly owned property.
What about children?
Property law deals with who owns the home, but if you have children there are separate routes. Child maintenance is handled through the Child Maintenance Service, and Schedule 1 of the Children Act 1989 can provide for a child's housing needs, sometimes allowing the parent with care to stay in the home until the child grows up. These are about the children, not about you, and sit alongside any property claim.
The bottom line
As an unmarried co-owner, you are not protected by family law, so your share of the home is whatever you can prove and document. Whether you are on the title or not, the strength of your claim comes down to evidence. Keep a clear record of every contribution from the start, and you give yourself the best possible footing if the relationship ends.
This article is general information about the law in England and Wales, not legal advice. For your own situation, speak to a qualified solicitor.
TrustBadger keeps a timestamped, solicitor-ready record of every contribution you and your co-owner make to your shared home. 14-day free trial, no card needed. Start your trial.
