When an unmarried couple separates, the partner who doesn’t own the property may wonder if they have any claim, especially if the property is solely in the other partner’s name....
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When an unmarried couple separates, the partner who doesn’t own the property may wonder if they have any claim, especially if the property is solely in the other partner’s name. In England and Wales, the law is different for unmarried couples than for married couples, but there are still options to claim a share of the property under certain circumstances.
No Automatic Right to the Property
As an unmarried partner, you do not automatically gain rights to your partner’s property simply because you have children together or have lived in the property. However, you may have a claim if you’ve made financial or non-financial contributions to the property.
Your Contributions May Give You a Claim
Even if your name isn’t on the title deeds, you might still have a claim to the property based on your contributions. This could include paying the mortgage, helping with renovations, or managing household duties while your partner worked.
Relevant Trusts and Claims
There are several legal routes that could allow you to claim a share of the property:
- Constructive Trusts: If you contributed to the property with the understanding that you’d share ownership, a court may recognise this under a constructive trust.
- Express Trusts: An express trust may apply if there was a formal agreement (written or verbal) that you would have a share of the property.
- Resulting Trusts: If you helped with the property purchase (e.g., by contributing to the deposit or mortgage), a resulting trust may entitle you to a share.
- Proprietary Estoppel: If your partner promised you a share of the property, and you relied on that promise, proprietary estoppel may allow you to claim a share.
Impact of Children on Property Claims
If you and your partner have children, this can affect how a court views your claim to property. While children do not automatically grant you a share of the property, there are certain circumstances in which the court may consider the children’s welfare, especially if you are the primary caregiver.
Schedule 1 of the Children Act 1989
If you have children and are the primary carer, you can apply under Schedule 1 of the Children Act 1989 for financial support or housing from your ex-partner. This could include requesting your partner provide housing or a lump sum for housing costs. These claims are separate from property ownership claims but can be used alongside them.
Financial Settlements and Housing
In some cases, the court may order that you and your children remain in the family home if it’s in the children’s best interests or provide financial support for housing. The court will consider factors like:
- Your contributions to the property
- Your role as the primary carer for the children
- The intentions of both parties regarding property ownership
What Should I Do Next?
If you are separating and have children or think you may have a beneficial interest in your partner’s property, seeking legal advice is essential. Our solicitors can help you understand your rights, whether you have a claim to the property, and how Schedule 1 of the Children Act 1989 can support housing or financial needs for you and your children.
Bottom Line
Unmarried couples in England and Wales don’t have automatic property rights when they separate, even with children involved. However, you may be entitled to a share of the property if you’ve contributed to it through constructive trusts, express trusts, resulting trusts, or proprietary estoppel. Additionally, Schedule 1 of the Children Act 1989 can help you secure housing or financial support for your children. It's important to get legal advice to understand your options.