Sole ownership
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If only one name is on the Land Registry or the title deeds of your home, then only that person is the legal owner. S/he will have more rights than the non-owner. However, if your relationship ends you may both have rights to live in the property and/or get a share of the profits if it is sold.
This area of law is very complex. The information in this section is only an introduction and not a comprehensive guide. If your relationship ends and you are worried about your home, get advice immediately. The rules about what you are entitled to can be very complicated. Your rights will probably depend on your personal circumstances (such as whether you are married to each other and whether you have children) and whether you have a legal agreement.
Mortgage payments
The legal owner is normally responsible for the whole of the mortgage. However, if you are married, the non-owner also has the right to pay it. This can be helpful if the owner moves out or stops paying the mortgage. The non-owner won't be held responsible for missed payments unless the court has ordered that s/he has to pay them.
If you have problems paying the mortgage, you should get advice immediately. It's also important to talk to your lender as soon as possible. If you don't, your lender may try to evict you (and your partner) and sell your home.
Married couples and civil partners
If you are married or registered as a civil partner, the non-owner doesn't have to leave unless the owner gets a court order. The owner can't just throw the non-owner out. The non-owner may also be able to stop the owner from selling the property or taking out any loans against it until the courts have decided how your property should be divided.
Staying in your home
If you can't agree about living arrangements in the short-term, the non-owner can apply to the court for an occupation order. This will give her/him the right to stay temporarily even if the owner wants her/him to leave.
Decisions about who can live in your home in the long-term are normally made as part of your divorce proceedings. The court may decide:
- to transfer the property into the non-owner's name
- to sell the property and divide the proceeds between you
- that the partner caring for the children stays in the home
- that one partner can stay in the property and pay rent to the other.
Financial shares
Even if you don't have a formal written agreement, the non-owner may have a right to a share of the value of the property if:
- s/he has anything in writing that says s/he should have a share
- you had a verbal agreement (such as if the non-owner gave up somewhere else on the understanding that s/he would be able to stay long-term)
- s/he has paid towards the deposit or made mortgage payments.
Unmarried/unregistered couples, friends and relatives
As a non-owner you may have fewer rights if you are either not married or not registered in a civil partnership with the legal owner of your home. In some circumstances, the non-owner will have the same rights as a tenant renting accommodation from the owner. Even if you are paying half of the household expenses, this can still be considered rent, rather than mortgage payments. If you are worried about your home, get advice immediately.
Staying in your home
In most cases, the legal owner doesn't have to get a court order if s/he wants the non-owner to leave, but has to give reasonable notice. The non-owner should get advice immediately if this happens. If s/he doesn't want to leave, s/he may be able to apply to the courts for an occupation order. This will allow her/him to stay in the home temporarily until a long-term decision can be made. The court will have to assess the housing needs and conduct of both sides when deciding whether to grant an occupation order.
However, if you were in an unregistered lesbian or gay relationship or bought the property as friends or family members, the non-owner can only get an occupation order if s/he has proof that s/he is entitled to a financial share. This will probably be the case if you signed a formal written agreement when you bought your home.
The non-owner can only stay in the home long-term if s/he can prove to the court that s/he has a financial stake in property. If you have children together the non-owner may have more rights. The court may decide that it would be in the best interests of the children to:
- sell the property and split the proceeds
- transfer the property into the non-owner's name, or
- allow the partner who is caring for the children to stay in the home.
Financial shares
The non-owner may have a right to a financial stake (a beneficial interest) in the property. If you can't agree what share s/he should get, you can ask the court to decide. The court may recognise the non-owner as having a financial share if:
- you have a written agreement saying that s/he has a share, or
- s/he paid part of the deposit when you bought your home, or
- s/he has paid part of your mortgage payments, or
- you have a verbal agreement (such as if s/he gave up somewhere else on the understanding that s/he would be able to stay long-term).
The owner may be able to sell or re-mortgage the property in the meantime. The non-owner may be able to stop her/him from doing this until a decision can be made by getting a court order or registering her/his beneficial interest with the Land Registry. However, this can be very complicated.
If you are in this situation, get advice immediately from a Shelter advice centre, Citizens Advice or contact a solicitor. Use our directory to find an adviser in your area.
