What Happens to the Home After Separation? Property Rights for Married and Unmarried Couples in the UK

When a relationship ends, deciding what happens to the family home is often one of the biggest concerns. For many couples in the UK, a house is their largest asset and central to family life.

Understanding your property rights to the family home can protect your financial future and living arrangements after a separation.

This advice guide will compare property rights for married and unmarried individuals across the UK. It will give an overview of the law regarding property rights, how you can protect your rights and give guidance on when you should seek legal advice.

Married vs unmarried property rights

In the UK, your rights to the family home after a separation depend on whether you are married or simply living together. The law treats married couples and civil partners very differently from unmarried partners. This does not change even if they have been together for many years.

Knowing the distinction is essential to understanding what you are entitled to and how your property might be divided when a relationship ends.

Property rights for married couples in the UK

For couples who are married or in a civil partnership in the UK, the family home is generally considered a matrimonial asset. This means your home can form part of the shared assets that can be divided during divorce or dissolution proceedings,regardless of whose name is on the title deeds or mortgage. The house may considered in the financial settlement.

The court has wide powers under the Matrimonial Causes Act 1973 to decide what should happen to the home. The courts decisions will be based on what is fair in the circumstances. Priority will be given to:

– The needs of any children – ensuring they have a stable place to live.

– The financial needs and resources of each spouse or partner.

– Contributions made during the relationship, both financial and non-financial (e.g., caring for children, maintaining the home).

– Standard of living during the marriage or partnership.

A married spouse can also register “home rights” under the Family Law Act 1996 with the Land Registry. This means that if the property was (or is) the family home, you have alegal right to live there until the divorce is finalised, regardless of whose name is on the title or tenancy.

It is advised to seek legal advice from a family law solicitor before making any agreements or approaching the family courts.

What are the options for property for married couples after separation?

For married couples or those in a civil partnership, the main remedies for dealing with family home upon separation are:

– Sell the property and divide the equity.

– Transfer ownership – The home is transferred to one spouse, sometimes with a lump sum paid to the other.

– Mesher or Martin orders – A trust of land may be used if a sale or transfer is not considered fair.  These types of orders which can include allowing one spouse remaining in the property until a specific time/date or allowing one spouse to remain in the home with any children.

These options prioritise fairness, children’s welfare, and the financial needs of each spouse when deciding what happens to the home.

To understand and protect your rights, a family law solicitor can give impartial advice on the best solution for your situation.

How to protect your property rights if you’re married

Even though married couples in the UK have strong legal protections, it’s still important to take steps to safeguard your interests in the family home:

– Seek legal advice early – A family law solicitor can explain your rights, give impartial advice based on your specific circumstances, guide you through separation or divorce, and help negotiate financial and children arrangements.

– Consider a marriage or separation agreement – Agreements can outline how the property and finances will be divided if the marriage ends, providing certainty and avoiding disputes.

– Document financial contributions – Keep records of mortgage payments, home improvements, or other financial contributions, which may influence the court’s decision.

Taking these steps can help ensure your rights to the property are protected during separation or divorce.

Property rights for unmarried couples in the UK

A common myth is that “common law marriage” exists—believing that living together for a certain number of years gives you the same rights as a married couple. No such law exists in the UK. If you’re not married or in a civil partnership, you don’t automatically have rights to your partner’s property. Your rights depend on factors like ownership, formal agreements, and financial contributions.

Living together for a certain number of years does not give you the same rights as a married couple. Duration alone does not create legal rights to your partner’s property.

Property rights for unmarried couples depend on:

Your legal ownership

Your rights after separation will depend largely on who legally owns the home and whether your name is on the title deeds, mortgage, or tenancy agreement.

If the home is in joint names

– You are both legal owners.

– Each of you is entitled to a share of the property (how much depends on whether you are joint tenants or tenants in common).

– If you cannot agree what happens, the court may order the property to be sold and the proceeds divided.

If the home is in your partner’s sole name

– You do not automatically have the right to stay in the property.

– You may be able to make a legal claim if you can show you contributed financially (e.g. to the deposit, mortgage, or significant renovations) under the principles of constructive trust or proprietary estoppel.

– The strength of your claim will depend on evidence of your contributions and any agreements made.

If you are renting

– Only the person named on the tenancy agreement has the legal right to stay in the home.

– If both names are on the tenancy, you share equal rights and responsibilities.

Children and housing needs

If you have children together, the court may make an order under the Children Act 1989 to ensure they have a stable home. For example, the court can allow one parent to remain in the property until the children reach a certain age, even if the property belongs to the other parent.

Beneficial interests

Legal ownership relates to the registered owners of the property. Beneficial ownership is who is entitled to the equity and in what proportions. A beneficial interest may be established through evidencing financial contributions to the property, a constructive trust (where there was a shared intention to own the property together), or proprietary estoppel (where one partner relied on promises about sharing the property and acted to their detriment).

A Declarations of Trust or  Cohabitation Agreements may also formally define that you are entitled to a share of the property

Without these, you may have no legal claim to the property, regardless of how long you’ve lived there.

How to protect your property rights If you’re unmarried

it’s important to take proactive steps to protect yourself if the relationship breaks down and you are not married. Here are some of the most effective ways to secure your property rights:

Add your name to the title deeds

If you and your partner agree, you can update the title deeds so that you are  a joint owner. This ensures your legal interest in the home is formally recognised and protects you if the relationship  breaks down.

Make a Declaration of Trust (if contributing unequally)

If you have contributed different amounts to the purchase price, deposit, or mortgage, you can have a declaration of trust registered to record your ownership shares. This is particularly useful where one party has invested more but the property is owned in joint names.

Keep records of financial contributions

Keeping evidence of your financial contributions — such as mortgage payments, improvements, or renovations — can help strengthen your case in the event of court  proceedings.

When should you seek legal advice about property during divorce or separation?

It’s always best to seek family law advice as early as possible if you are separating or considering divorce — especially when the family home is involved. Property is often the most asset a couple owns, and getting the right advice early can protect your financial security and avoid costly disputes later.

You should speak to a family law solicitor if:

– You are not on the title deeds or mortgage and want to know if you can stay in the home.

– You are worried your spouse or partner may sell or transfer the property without your knowledge.

– You and your partner contributed different amounts towards the deposit, mortgage, or renovations, and you want to protect your share.

– You are considering moving out of the family home but want to understand how this may affect your rights.

– There are children involved, and you need advice on who can remain in the home to provide stability.

– You want to register your home rights with the Land Registry.

– You are unsure how the court will divide property and assets during financial proceedings.

– You want to protect your rights with a cohabitation agreement or an occupation order.

Early advice gives you clarity, helps you take the right steps to protect your rights, and ensures you’re not left vulnerable if your relationship breaks down.

You can access our wealth of helpful guides to support you with your family law queries.

We offer free 30-minute family law consultations for new clients, available by phone, video call, or in person at our Sheffield, Rotherham, or Barnsley offices.

Contact us below to book an appointment or call us on 0114 2235 807.