How to Safeguard Your Home When a Partner Moves In

So, you’ve successfully found love in this shaky current climate, and things are going well. So well, in fact, that your partner is moving in. Wonderful news! But wait, between the IKEA trips and arguments over whether the kettle belongs in the cupboard or on the worktop, a nagging question lingers: Would they have rights to my property if we split up? You’d think the answer would be a firm “no”. After all, your name’s the only one on the deeds, right? But alas, property law is rarely that straightforward, especially when Cupid meets cohabitation.

With over 6.8 million people in the UK now cohabiting (the highest number since records began in 1994), this is far from a niche dilemma. Whether you own a charming Victorian terrace in Crouch End or a modern flat near Finsbury Park, knowing your legal position and how to safeguard your home is essential. Here’s what every North London lovebird needs to know.

“Common Law” is Not Common Sense

Let’s bust a myth straight off the bat: there’s no such thing as a “common law marriage” in the eyes of UK law. If you and your partner are unmarried and simply living together, you don’t automatically get the same rights as a married couple or civil partners. Once your partner moves in, the law doesn’t magically bind your fates like a rom-com montage. In fact, your relationship has no formal legal status at all – meaning no shared financial obligations and no automatic rights to each other’s assets. But when it comes to property, things can get legally sticky.

The Mortgage Minefield: When Contributions Equal Claims

Here’s where things get interesting, and potentially expensive. If your partner starts contributing financially (for example, helping pay the mortgage or footing the bill for a new boiler), the law may interpret this as an implied agreement that they have an interest in your home. That’s right – even if their name isn’t on the title deeds, their direct contributions might give them a legal claim. And once lawyers get involved, your dreams of a clean break could turn into a drawn-out dispute.

Legal Love Letters: The Power of Paperwork

The best way to safeguard your home – and your peace of mind – is to formalise the arrangement before any misunderstandings arise. Think of it as a romantic prenup for your postcode.

Here are your two best options:

1. The Cohabitation Agreement

This is the Swiss Army knife of legal arrangements for couples. It sets out:

• Who owns what (and in what proportions)
• Who pays which bills
• What happens to the property (and its contents) if the relationship ends

2. The Declaration of Trust (aka Deed of Trust)

More minimalist than a cohabitation agreement, this document focuses solely on the division of property. It’s perfect if one of you is investing more heavily in the home (for example, putting down a bigger deposit).

Both documents are legally binding and best prepared with the help of a family law solicitor. Yes, it’s not the most romantic date idea-but think of it as a long-term love insurance policy.

The Grim Bit: What Happens If One of You Dies?

Morbid? A little. Necessary? Absolutely.

If you’re not married or in a civil partnership and you die without a will, your partner could inherit precisely nothing-even if you’ve lived together for years. That’s right, not even the toastie maker.

If your property arrangements are covered by a Declaration of Trust but not mentioned in a will, your partner could find themselves battling your relatives for their share. Avoid the drama: write a will. Ideally, both of you should.

Your Breakup-Proofing Checklist

Before you hand over a spare key, here’s what to do:

• Talk honestly about expectations and finances
• Seek advice from a reputable family law solicitor
• Set up a Declaration of Trust (at the very least)
• Consider a Cohabitation Agreement for more comprehensive cover
• Make wills – now, not “someday”

Love, Protected

No one wants to think about breaking up just as they’re picking out scatter cushions together. But taking these steps to safeguard your property isn’t unromantic, it’s realistic. Protecting yourself now means fewer headaches later, and more time enjoying your shared North London nest. Because when it comes to love and real estate, it pays to get the legal side sorted-before the first drawer is even shared.

Contact us:

mark@daviesdavies.co.uk – Sales Director (contact for sales, lettings and new homes)

katrina@daviesdavies.co.uk – Director of Property & Block Management (contact for property and block management)

Davies & Davies Estate Agents, 85 Stroud Green Road, London, N4 3EG

Article & images by Barefaced Studios

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