Cohabiting couples
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you are not married or in a civil partnership then your long-term rights depend firstly on whether you own your home. If you don't, you will have no automatic rights to the home, but you can still ask the court to recognise any contributions you've made.
I am the sole legal owner
If you are the sole legal owner of the property, you have a right to stay in the home. However, the person you cohabit with does have the right to apply to establish a beneficial interest if they feel they are entitled to a share of the property.
If the home is being sold and your partner has applied for their beneficial interest to be recognised, they may be entitled to a share of the money from the sale.
I am a joint legal owner
If you are a joint legal owner then you have the right to stay in your home. The other joint owner has the same rights as you to stay in the home.
If you feel you and your partner shouldn't have the same rights to the property, because, for example, you feel you've made more contributions towards the home, you can apply for beneficial interest to try to alter your share of the property.
I am not a sole or joint owner but feel I have contributed towards the home
If you've made contributions to the home, you can apply to establish a beneficial interest, which will take these contributions into account. Establishing a beneficial interest could allow you to get the right to live in the home, to prevent the sale of a home or get a financial share if the home is sold. If you want to apply to establish your beneficial interest you will have to go to court.
If you need to leave your home urgently, you may be able to access accommodation through your local council. You may be advised to make a homelessness application, or be told that private rented accommodation will be your best option. Before taking action, speak to an adviser in your area by using our advice services directory.
What if we have children?
Property can be transferred from one cohabitee to the other if the court decides it would be for the good of any children you and your partner have. Speak to an adviser if you want to take this course of action - find one in your area using our advice services directory. The adviser may tell you that you will also need the help of a family law solicitor.
