Things to consider

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

If you are buying a home with other people you need to decide who will be the legal owner(s) and what financial share each of you has in the property. If you don't do this, it may be difficult to agree what you are each entitled to if anything should happen to your relationship later on.

Everyone's situation is different, so it's a good idea to get advice before you decide. Your solicitor can discuss the options with you.

Legal ownership

The owner of a property is the person whose name is on the Land Registry (or the title deeds if your home isn't registered). You can decide that there will be only one legal owner or that you will share ownership between you. It's possible for up to four people to be joint legal owners of a property. If you are a joint owner no one else can:

force you to leave unless they get a court order
sell the property without getting your agreement or a court order
take out a loan against the property without your agreement.

There are two different ways in which you can be joint owners. You can be either joint tenants or tenants in common. The option you choose will affect how ownership of the property is shared between you and who can inherit your home if you die. It's a good idea to discuss the options with a solicitor before you decide. You will have to sign a written agreement confirming what you have decided before the sale goes ahead. This ensures that the correct name(s) are included in all the paperwork.

For more information, please see the section on joint ownership.

Financial shares

Even if you decide that only one of you will be the legal owner of your home, the other person may still be entitled to a financial stake in the value of the property (a beneficial interest). Depending on your circumstances, this may give the non-owner the right to:

stay in the home even if the owner wants her/him to leave
get a share of the profits if the property is sold
inherit the property if the owner dies.

You can agree what financial share of your home you each have as part of the legal preparation when you buy. This may help to settle any later disagreements about what you are entitled to. Verbal agreements can be legally binding, but can be difficult to prove. You may prefer to:

put both names on the Land Registry or the title deeds
sign a separate legal agreement (a trust deed).

Being joint owners doesn't necessarily mean that you would each get half of the property. The share you are entitled to will depend on any agreement you made when you bought the property.

Splitting up

If your relationship breaks down and if you don't have a formal legal arrangement and can't agree what should happen to your home, you will probably have to go to court to get a judge to decide. This can be expensive and you will need help from a solicitor.

This normally depends on whether you are joint owners or only one of you is the legal owner. Your rights may also depend on your personal circumstances, such as:

how long you have owned the property together
whether you are married/civil partners and/or have children with the other owner
whether you had a verbal or written agreement about what you are entitled to
how much money each of you has spent on your home.