Buying A House Together But Not Married? The One Legal Document Most Couples Forget
- MDW Solicitors
- 7 days ago
- 8 min read
Buying a home together is exciting, but if you are not married or in a civil partnership, it is important to understand how property ownership really works. A Declaration of Trust can record who owns what, how much each person has contributed, and what should happen if the property is sold or the relationship ends.
For many unmarried couples, this document is not about mistrust. It is about clarity. With property prices still making joint purchases and family-assisted deposits common, having the right agreement in place can help prevent confusion, financial loss and painful disputes later on.
The Simple Answer For Unmarried Buyers
A Declaration of Trust is a legal document that records each person’s financial interest in a property.
It can set out:
How much each person contributed to the deposit
Whether the property is owned equally or unequally
How mortgage payments and renovation costs should be treated
What should happen if one person wants to sell
How sale proceeds should be divided
Whether money from parents or family members should be protected
This is especially important for unmarried couples because living together does not automatically give the same legal rights as marriage or civil partnership. The Government is consulting on relationship law reform in 2026, including potential protections for cohabiting couples, but the current position remains uncertain and many couples are still unaware that they may not have the rights they assume they have.
What Is A Declaration Of Trust?
A Declaration of Trust for property, sometimes called a trust deed, is a written agreement that confirms how a property is owned.
It is commonly used when two or more people buy a home together but contribute different amounts. It can also be useful where one person already owns the property and the other starts contributing towards the mortgage, improvements or household costs.
For example, a Declaration of Trust could confirm that:
One partner contributed £100,000 towards the deposit
The other partner contributed £20,000
Both will pay the mortgage equally
The first £100,000 and £20,000 should be repaid to each person if the property is sold
Any remaining equity should be divided equally, or in another agreed percentage
Without this kind of clarity, disagreements can arise years later when memories, expectations and emotions do not match.
The Common Law Marriage Myth
One of the biggest mistakes unmarried couples make is assuming that living together creates automatic legal rights.
The phrase “common law marriage” is widely used, but it does not give unmarried couples the same legal protection as married couples or civil partners in England and Wales. This can create serious problems if the relationship ends or one partner dies.
A Declaration of Trust helps deal with property ownership while you are both alive. However, it should usually sit alongside wider planning, including a professionally drafted Will, particularly if you want your partner to inherit your share of the property.
Why Unequal Deposits Can Cause Problems
Unequal deposits are now very common. One person may have saved for longer, sold a previous property, received an inheritance, or had support from parents.
This can feel straightforward at the time of purchase, but difficulties often arise later.
Imagine this scenario:
Partner A contributes £100,000.
Partner B contributes £20,000.
Both are named on the mortgage.
The property is sold five years later after the relationship breaks down.
Without a clear agreement, both parties may have very different views about what is fair. One may believe the original deposits should be repaid first. The other may believe the property should be split equally because both names are on the title.
A Declaration of Trust can reduce this risk by recording the agreed position from the beginning.
Joint Tenants Vs Tenants In Common
When buying a property together, you will usually need to decide whether to own it as joint tenants or tenants in common.
HM Land Registry explains that joint owners can hold property as either joint tenants or tenants in common, and that the type of ownership affects what happens if the relationship breaks down or one owner dies.
Joint Tenants
If you own as joint tenants, you both own the whole property together. You do not own separate shares.
If one joint tenant dies, the property usually passes automatically to the surviving joint owner, regardless of what the deceased person’s Will says.
Tenants In Common
If you own as tenants in common, each person owns a defined share of the property.
Those shares can be equal or unequal. For example, one person could own 70% and the other 30%.
This structure is often more suitable where deposits are unequal, family money is involved, or each person wants to leave their share under their Will.
Can A Declaration Of Trust Protect Money From Parents?
Yes, it can help.
Many buyers now rely on financial support from parents or grandparents. This is often called the Bank of Mum and Dad. The difficulty is that family contributions are not always clearly recorded.
Was the money:
A gift to one person?
A gift to the couple?
A loan to be repaid?
An advance inheritance?
A contribution that should be protected if the relationship ends?
A Declaration of Trust can help record how that money should be treated.
This can be particularly important for parents who want to help their child buy a home but do not want that contribution to be lost in a future separation.
Where family wealth, inheritance or tax planning is involved, it may also be worth considering wider estate planning trusts, lifetime inheritance tax planning or wealth management advice.
What If One Partner Moves Into A Property Already Owned By The Other?
This is another common situation.
One partner may already own the property, while the other moves in and starts contributing to the mortgage, bills or renovations.
Over time, the non-owning partner may feel they have built up an interest in the property. The legal owner may see those contributions differently.
This can become difficult if:
The couple separates
The property increases significantly in value
The non-owner has paid for major improvements
One person believes they were promised a share
There is no written agreement
A Declaration of Trust, or a suitable cohabitation agreement, can help clarify expectations before problems arise.
What Happens If Your Relationship Ends?
If a relationship ends and there is no Declaration of Trust, disputes can become expensive, stressful and time-consuming.
Questions may include:
Who owns what percentage?
Should deposits be repaid first?
Who paid the mortgage?
Who paid for improvements?
Can one person force a sale?
Can one person buy out the other?
What happens if one person refuses to cooperate?
A clear Declaration of Trust can provide a practical route forward. It does not remove every possible dispute, but it gives both parties a written record of what was agreed.
That can make separation less uncertain and reduce the likelihood of a property ownership dispute.
What Happens If One Partner Dies?
Property ownership and Wills need to work together.
If you own as joint tenants, the property may automatically pass to the surviving owner.
If you own as tenants in common, your share can usually pass under your Will.
This is why unmarried couples should not look at a Declaration of Trust in isolation. It is often sensible to review your Will at the same time.
If an unmarried partner dies without a Will, the surviving partner may not automatically inherit in the way they expected. This can create financial and emotional difficulties at an already distressing time.
For families dealing with estate administration after a death, our probate guidance may also be relevant.
Is A Declaration Of Trust Unromantic?
Many couples worry that discussing property shares feels negative or unromantic.
In reality, it is usually the opposite.
A Declaration of Trust is about having an honest conversation at the start, while everyone is calm and working together. It can protect both people, not just the person who contributed more.
It can also help avoid assumptions such as:
“We will just split everything fairly”
“My deposit will obviously come back to me”
“My parents’ money is protected”
“We have lived together long enough, so I must have rights”
“We can sort it out later”
The best time to agree these details is before exchange of contracts, not during a dispute years later.
Should You Also Have A Cohabitation Agreement?
A Declaration of Trust usually focuses on property ownership.
A cohabitation agreement can cover wider financial arrangements, such as:
Household bills
Mortgage payments
Savings
Debts
Pets
Furniture and belongings
What happens if the relationship ends
Some couples may need both. The right approach depends on your circumstances, how the property is being bought and what each person wants to protect.
When Should You Speak To A Solicitor?
It is sensible to get advice before you exchange contracts or make significant financial contributions.
You should consider legal advice if:
You are buying with a partner but are not married
You are contributing unequal deposits
Parents or relatives are helping with the purchase
One person will pay more of the mortgage
One partner already owns the property
You want to own as tenants in common
You want your Will to reflect your property share
You are unsure what would happen if you separated
This is especially important for buyers in areas such as Gerrards Cross, Beaconsfield, Chalfont St Peter and surrounding Buckinghamshire locations, where property values can make even small percentage differences financially significant.
How MDW Solicitors Can Help
At MDW Solicitors, we help clients think clearly about property ownership, estate planning and long-term protection.
For unmarried couples, a Declaration of Trust may form part of wider planning that also includes Wills, inheritance tax advice, trusts and future decision-making documents such as Lasting Powers of Attorney.
Our approach is personal and practical. You can speak directly with Debra Williamson, who has over 30 years of legal experience and provides clear advice tailored to your circumstances.
For clients who find it difficult to attend in person, we also offer home visits where appropriate.
Frequently Asked Questions
Do Unmarried Couples Need A Declaration Of Trust?
Not every unmarried couple needs one, but it is strongly worth considering if you are buying property together, contributing different amounts, receiving family help, or want clarity about ownership shares.
Is A Declaration Of Trust Legally Binding?
A properly prepared Declaration of Trust can be legally binding, provided it reflects the parties’ intentions and is executed correctly. You should take legal advice to ensure it is suitable for your circumstances.
Can A Declaration Of Trust Be Changed?
Yes, it can usually be changed if everyone involved agrees. This may be needed if you remortgage, change ownership shares, make further contributions or your circumstances change.
Do I Still Need A Will If I Have A Declaration Of Trust?
Yes, in many cases. A Declaration of Trust deals with property ownership, while a Will deals with what happens to your estate after death. They should work together.
Can Parents Be Included In A Declaration Of Trust?
Where parents have contributed money, the agreement can help record whether that money is a gift, loan or protected contribution. The right wording will depend on the arrangement.
When Should A Declaration Of Trust Be Prepared?
Ideally, before completion of the property purchase. It is better to agree ownership details before money changes hands and before any disagreement arises.
Before You Buy Together, Get Clarity In Writing
Buying a home together is one of the biggest financial commitments most couples will make. If you are not married, a Declaration of Trust can provide clarity, protect contributions and help avoid costly disputes in the future.
If you are buying a property with a partner, now is the time to discuss how ownership should be structured. Speak to MDW Solicitors for tailored advice before you exchange contracts.
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