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23 October 2026
Buying a home with your partner is a big step. However, there is a lot to do beforehand to ensure that you are legally protected.
While you may be excited to start putting a splash of paint on the walls and picking out a sofa, first you must choose the ownership structure of the home.
You can own the home as joint tenants, meaning that you own the property equally and if one partner dies, their share is automatically passed to the surviving owner.
Alternatively, you could choose to be tenants in common. Here, partners will hold their own share of the home, which may not necessarily be an equal amount.
Once you have decided on the ownership structure, there is much more to consider!
A Declaration of Trust declares your respective shares in the property. It is useful where one party advances more towards the purchase price.
The Trust can either specify that the shares are expressed in percentage terms, perhaps 75:25%, or make reference to a fixed sum. For instance, if one party advances £100,000 towards the purchase of the property, but it is intended that in future all mortgage payments, running costs and improvements will be funded equally, the Trust may say that the first £100,000 is to be repaid to that party but then any remaining equity is shared equally.
It is also possible for joint purchasers to enter into a Cohabitation Agreement which is intended to address how the parties shall manage their finances whilst living together and what should happen if the relationship ends.
Declarations of Trust and Cohabitation Agreements can be used to set out:
Although discussing these arrangements may not seem particularly romantic, having everything agreed in writing can help protect both parties.
It can be especially important if you separate, as it provides a clearer starting point for working out each person’s financial interest in the property.
Buying a home together is a long-term commitment, but life does not always go to plan. Your circumstances may change over time, whether you decide to get married, have children, separate or face unexpected financial difficulties.
If your relationship breaks down, deciding what happens to the property can be complicated, particularly if you have different ideas about whether to sell or if one partner wants to stay in the home.
Having a Declaration of Trust in place can help clarify each person’s financial interest and provide a starting point for deciding how the property should be dealt with.
You should also consider what would happen if one of you could no longer afford to contribute towards the mortgage.
If one partner loses their job or experiences a change in their financial circumstances, it may be necessary to revisit how the costs are shared.
It is also worth reviewing your arrangements as your circumstances evolve. What works for you when you first buy the property may not be suitable several years later, particularly if your financial contributions change or your family grows.
By thinking ahead and putting the right legal arrangements in place, you can help protect both of you and avoid unnecessary uncertainty if life takes an unexpected turn.
Buying a home together involves more than deciding where to put the sofa. By choosing the right ownership structure and considering a Declaration of Trust or a Cohabitation Agreement, you can help protect your interests and reduce the risk of disputes in the future.
A solicitor can explain your options and help you put the appropriate arrangements in place, giving you both greater peace of mind as you begin this next chapter together.
For support with Declarations of Trust, get in touch with our team.
