29 May 2026 · 5 min read
Why it matters more if you are not married
There is no such thing as common law marriage in England and Wales. No matter how long you live together, an unmarried couple does not get the automatic legal protections that married couples and civil partners have. If you separate, you cannot rely on family law to divide things fairly - your claim rests on property and trust law, and that comes down to what you can prove and what you agreed. A declaration of trust is how you agree it, in advance, in writing.
What happens without one
If you are both named as legal owners and have no declaration of trust, the starting point is that you own the home in equal shares - even if one of you put in a much bigger deposit or pays more of the mortgage. Displacing that assumption later means a dispute, which is stressful, expensive and uncertain. We cover the fallout in what happens to your property if you split up and you are not married.
What to put in it
A good declaration of trust for an unmarried couple typically records:
- the share each of you owns, which can be unequal;
- how the deposit is treated, including any family money;
- how mortgage payments, overpayments and improvements affect things over time;
- what happens if you sell, separate, or one of you dies;
- how any disagreement is resolved.
You will also need to decide how to hold the property - joint tenants or tenants in common - as that underpins the whole arrangement.
Common situations it solves
- Unequal deposits. One of you puts in more and wants that recognised.
- One pays more of the mortgage. You want ongoing contributions to count.
- Family help. A parent has gifted a deposit you want credited to the right person.
- Different incomes. You are splitting costs unevenly and want the ownership to follow.
Keep it true over time
A declaration of trust sets the rules, but if your shares move with what each of you pays, the document is only as good as your records. Keep a clear, dated log of contributions so that, years later, the split still reflects reality - that is exactly what TrustBadger is for.
The bottom line
As an unmarried couple you have no safety net in law, so the declaration of trust is your safety net. It is a few hundred pounds that turns "we will sort it out if it ever comes to that" into a clear, binding agreement you made while things were good. Get one, and keep your contribution record up to date.
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.
