Legal Question in Real Estate Law in United Kingdom

Re: Protection

English (and Welsh) law relating to property rights of unmarried cohabitees is complex and out of date, although attempts to change the law are ongoing.

On the assumption that you are not married, that the property is held in legal ownership of your partner alone and is subject to a mortgage representing 80% of the value (equity) of the home, you will not automatically aquire an interest in the property by paying a half share of the mortgage. If your partner were to die or if the relationship ended, you would find you had no automatic rights to the property at all. Ideally you should seek legal advice for a Deed of Trust to be drawn up dealing with the ownership of the property and what should occur in the event of death, ending of the relationship or if one of you wants to sell and the other doesn't. There is a Which? guide for cohabitees published I think last year which will be a good starting point to inform you, but you should seek legal advice as mentioned taliored to your specific circumstances. Doing nothing is not the answer! Ironically, for many people who choose not to marry to avoid unwanted legalities, they end up having to undertake more paperwork and documentation to deal with their financial affairs properly.In addition to making a Deed of Trust, you and your partner would also be well advised to make a Will and eneter into a Cohabitation Agreement.

If on the other hand you are married, then the property would be considered to be a matrimonial asset and the court could make orders in respect of ownership of the property, maintenance etc in the event of a divorce.

I hope this is of assistance

Helen Howard