Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

What will happen to your home?

If you are an unmarried couple and you own a home, you can own it in three different ways.

If you are an unmarried couple and you own a home, you can own it in three different ways. One of you may own the home in your own name, or you may own it in joint names either as a joint tenants or tenants in common.

Homes owned in one person’s name

If only one of you is named as the owner, there is a presumption that that person owns the property. The non-owner’s ability to make a claim on the property relies on you being able to prove that either the owner agreed to share the property with the non-owner (ideally in writing) or that the non-owner contributed to the purchase of the home. For example if the non owner paid into the mortgage account, a share of the deposit or paid substantial household bills on the understanding the non owner would have a share in the home. The non-owner could take the case to court and may be successful.

If the owner dies the home will go to whoever they named in their will and if they have not named anyone, it will go to their nearest blood relative. The non-owner may be able to bring a claim under the Inheritance Act if they act swiftly.

See 'Advice for Non-owners wishing to claim an interest.'

Homes owned in joint names – joint tenancy

If you own your home together under a joint tenancy you are deemed to own the home equally and if you split up a 50:50 share is assumed unless you specified otherwise when drawing up the agreement. Under joint tenancy, the home can only be sold if both of you agree and you are both jointly liable for the mortgage meaning that if one of you doesn’t pay, the other must meet all of the payment.

If one of you dies their share will pass to the other owner and cannot be left to anyone else in a will.

Homes owned in joint names - tenancy in common

If you split up, you are deemed to own your home in the shares you originally put in. If you were not specific about this at the time of purchase a 50:50 split is presumed. If you consider this to be unfair, you can take the issue to court. You will need to demonstrate how the finances were divided and that you had made a greater contribution which justifies a departure from 50:50.

As with homes owned under joint tenancy, you can only sell the house if both of you agree to it. However, unlike joint tenancy, if one of you dies, their share goes to whoever is named in their will or to the nearest blood relative if there is no will made. A co-owner may be able to bring a claim under the Inheritance Act.

If you are a joint owner, we recommend you seek early legal advice. See our 'Advice for Joint Owners'.

Where there are Children

Where the property provides a home for children, you should seek early advice as to how the property might be preserved while the children need it as their home.

Right to occupy the home

Where you are concerned that you have been or might be forced out of the home by the other party, or where you wish the other party to leave, you should seek advice as soon as possible.

Protecting your interests during divorce or separation

If you have separated, there are steps you might consider taking at an early stage to protect your position. See 'What can you do to protect yourself?