If you’re an unmarried couple and separating, who keeps the house? We explain how property is dealt with in England and Wales and what affects ownership.

Who gets the house if you split up? Part 1: unmarried couples

When a relationship breaks down, one of the most pressing questions is often about the family home. For couples who are not married, the answer to “who gets the house?” is frequently very different from what people expect – and misunderstandings in this area are common.

This first article looks specifically at what happens to a property when unmarried couples separate. In later posts, we will look at how the position differs for married couples and civil partners.

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Living together does not create automatic rights

Many people believe that living together for a long period of time gives them similar rights to a married couple. This is sometimes referred to as “common law marriage”. In England and Wales, however, there is no such legal status.

If you are unmarried, separating does not trigger the same legal framework that applies on divorce. Instead, disputes about property are largely determined by ownership and evidence, rather than by what a court considers to be fair overall.

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Ownership of the property is the starting point

The most important factor in deciding who keeps the house is whose name the property is in.

If the property is legally owned by one person alone, that person is usually treated as the owner. The other partner does not automatically gain a right to a share of the property or a right to stay in it, even if the couple lived there together for many years.

Where a property is owned in joint names, both parties have a legal interest. In some cases this will be an equal share, but not always. If the relationship ends and agreement cannot be reached about whether the property should be sold or retained, the court can be asked to decide.

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When can an unmarried partner make a claim?

Although ownership is key, it is not always the end of the story. In some circumstances, an unmarried partner who is not a legal owner may still try to argue that they are entitled to a share of the property.

These claims are based on evidence of what the parties intended during the relationship and whether one partner relied on that intention to their disadvantage. This might involve showing that they contributed towards the mortgage, paid for substantial improvements, or acted on assurances that the property would be shared.

Cases like this are highly fact-specific and can be expensive and stressful to pursue. There is no automatic entitlement, and outcomes can be uncertain.

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What if there are children?

The presence of children does not, by itself, change who owns a property. Issues relating to children are dealt with separately from property ownership.

In limited situations, the court can make temporary arrangements to ensure that children have suitable accommodation. These arrangements do not usually transfer ownership of the property and are often time-limited.

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Planning ahead can avoid disputes later

Many disputes between unmarried couples arise because nothing was agreed or recorded at the outset. Taking advice early can make a significant difference.

Putting clear arrangements in place when buying a property, or when moving in together, can help avoid uncertainty if the relationship later ends. Legal advice at an early stage is often far less costly than resolving a dispute after separation.

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Coming up next: what happens if you are married?

This article focuses on unmarried couples only. In Part 2, we will look at how property is dealt with when married couples or civil partners separate, and why the legal position is very different.

If you are unsure about your position, or are dealing with a separation and concerns about property, taking legal advice early can help you understand your options and protect your interests.