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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My partner and I are looking to get a home together. My

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My partner and I are looking to get a home together. My house is being rented whilst we are currently living in his apartment. He will buy the house outright, ie no mortgage involved but I want it to be in joint names with a written agreement that the equity he puts into the property is his and everything we make going forward is split 50/50.
He says "yes" to the written agreement as above but wants the property in his name only as he says I can claim half of all of the value if the relationship doesn't work out.
Emotion aside, my concern is that I wouldn't have any legal rights to anything if it is in his name only.
Could you please advise.

Are you married?

Customer: replied 5 years ago.




Who is funding the purchase please? Him alone, or both of you?

Customer: replied 5 years ago.

He is.


Can you provide a bit more detail on what you mean when you say "everything we make going forward is split 50/50. " please?

Customer: replied 5 years ago.

I'm referring to any profit made on the property when we come to sell it, minus the initial purchase price, is split between us equally as we will both have been investing in the property together whilst we live there.


He has a daughter from his previous marriage and I have 2 daughters from my previous marriage, both of which were dissolved 20 and 13 years ago, respectively.


Thanks Drafting you answer now, ten minutes or so. Please be patience.

Customer: replied 5 years ago.

Many thanks Tom.



Thanks for your patience.

Unmarried partners do not have any rights to their partner’s assets in general.

Thus, if the property were in your partners sole name and you split up then you would not be entitled to any financial settlement from him. So, yes you are right in one sense.

If you both wish to give you some security (although obviously he is under no obligation – save his sense of fairness – to advance you this) then you have two options:-

1) Purchase the property in joint names but with a declaration of trust. If you purchase the property in joint names as “Tenants in common” then execute a declaration of trust stating that either you have specified percentages of the equity, or that your partner should receive X amount from the proceeds of any sale and then you should thereafter receive percentage amounts from the balance.

If you own in this way then you can apply for an order for sale if the relationship breaks down. If you specify your interests by a declaration of trust then you could only claim the amount specified in the trust, not 50% (unless you specify this)
2) He purchases the property in his joint names but you execute a declaration of trust specifying the above in a similar way. The trust would be enforceable as above but it gives you slightly less security because he could effectively (if he were naughty) mortgage the property or sell it on his own.

If you subsequently marred then it would complicate things for him because financial settlement would be determined as a married couple which would be advantageous for you and disadvantageous for him

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Kind regards,

Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.

Many thanks for your help Tom.




Hi Jane,

No problem. Thank you for rating my answer.