I am moving in with my partner.

I am moving in with my partner. Will I be able to claim a share of his house if we split up? I am not being mercenary; I just want to protect myself so I know where I stand legally if things do not work out between us.

Public Answer

Thank you for your enquiry.

If the house is owned in the sole name of your boyfriend then he is the legal owner. This could be changed as he could agree to transfer the property into your joint names. At the same time as the transfer of the property into joint names, the two of you could draw up a cohabitation agreement to set out the percentage of the equity in the house that you would each receive if you split up and the house is sold or transferred into your sole name or back into your boyfriend’s sole name. The percentage split in the cohabitation agreement could reflect the amount of equity in the property at the time of the transfer into joint names and the amount that you will both contribute towards the mortgage or home improvements.

If the property continues to be owned in your partner’s sole name, you could make a claim against the property if you split up and you can establish a ‘’beneficial interest ‘’ in the property. Alternatively, housing claims (known as schedule one claims) could be made if you have children together.

Whether the property is transferred into joint names or not a cohabitation agreement should be drawn up to avoid expensive court proceedings if you do split up. The cohabitation agreement should avoid arguments about the extent of your interest in the growth in equity in the property.

The family law team at OTS Solicitors can help you prepare a cohabitation agreement. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

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