What rights do I have to stay in a property if I am not married to my partner?

When an unmarried relationship comes to an end, one of the biggest concerns is often what will happen to the family home.

Unlike married couples, cohabiting partners do not have the same legal rights when separating which can make questions about who can stay in the property, whether it can be sold, and how any equity is divided particularly complex. Your rights will depend on a number of factors, including who owns the property, whether you have children together, and whether any legal agreements are already in place.

In this blog, we explain the rights of unmarried couples in relation to property, the legal options available if you cannot reach an agreement, and how specialist legal advice can help you protect your interests.

Do Unmarried Couples Have Rights to Stay in the Family Home?

In England and Wales, the rights of cohabitees are limited in comparison to those of married couples. Where married couples have rights on divorce and the Family Court has wide ranging powers to meet the needs of the family, to share their assets and to achieve fairness, unmarried couples must rely on ownership and property law for example or in some cases, where they have children, on Schedule 1 of the Children Act 1989.

For example, if the family home is purchased in joint names and there is no evidence to the contrary, the parties will hold the legal title (the ‘deeds’) and their beneficial interests (their ‘shares’) in that house in equal shares, no matter who the children live with or any difference in the parties’ respective incomes or other financial situation. That may not be the case where they married.

There are also applications under the Family Law Act 1996 that can be made in respect of rented property to order a transfer of tenancy on relationship breakdown.

In terms of who can stay in the family home if there is a disagreement, that really will depend on the case itself. If there is domestic abuse in your situation and it would be unsafe for you to remain in the house together, then you could consider whether you would want to make an application to the court for what is known as an occupation order. These applications can even be made in certain circumstances where you don’t have a legal or beneficial interest in the property. It should be noted that these are only temporary orders. You will still need to consider what happens to the property in the long term.

You may have seen the recent announcement that this may change and that there is to be a Government consultation to look into strengthening those rights and making the separation process less financially difficult for cohabiting couples and those who choose not to marry. The consultation was launched on 5 June 2026. It is not clear what any reform will look like or when any changes might be made.

In the meantime, the situation remains somewhat tricky.

What happens if the property is owned jointly?

As mentioned above, if you both own the property in joint names, then the courts would want to see whether you had set out anywhere an explicit declaration as to how you own that property.

For example, the Transfer Deed may well say that you own the property as joint tenants or as tenants in common in equal or unequal shares. Alternatively, you may have set out in a separate document, often called a Declaration or Deed of Trust which sets out what shares of the property each person has and what happens to them. This is common where parties are not married and, in particular, when one party has made a larger contribution to the purchase price of the property.

If you own the property as joint tenants, that means you both own the property in its entirety. If you own the property as tenants in common, then you would each own the property in distinct shares.

If there is no explicit Declaration of Trust, then you may well want to make a claim that there was some other type of trust but again this will depend on the facts of your case and can be complex. That could be on the basis of financial contributions or promises made or agreements reached.

What happens if one partner wants to sell the house

If you are unable to agree on whether the house is sold or not or that one should buy out the other’s share, then an application may need to be made to court under the Trust of Land and Appointment of Trustees Act 1996 for the sale of the property.

The court would need to consider the arguments and attempts that had been made to settle the matter prior to a court application being made and then could make an order that the house is sold. The court would decide how the sale proceeds were shared.

Can the sale of the family home be delayed if there are children?

It could be in certain circumstances.

An application under Schedule 1 of the Children Act might be needed, if no agreement was possible. The application could be to allow you and the child to stay in the house or for the child to receive additional financial support until the child is 18 or beyond in certain cases. Claims under this Act can also be for capital and/or maintenance depending on your circumstances and the child’s needs.

When considering these applications, the court has to consider the welfare of the child. However, unlike deciding who a child should live or spend time with as part of an application under S. 8 of the Children Act 1989, the child’s welfare is not paramount in their decision making.

This is because these applications relate to the maintenance of the child rather than their upbringing. The court will, however, consider the needs of the child.

How Does the Court Decide Whether to Delay a Sale?

There is no automatic right to delay the sale of a property following the breakdown of a relationship and it would be very unusual where there aren’t any children.

If there are children involved, the court may also consider whether an application under Schedule 1 of the Children Act 1989 is appropriate. The court are more likely to agree to defer a sale of the family home if the other party are able to rehouse themselves and not have their financial stability put at risk so these types of orders are often more common in high income cases. The courts have to consider all the individual circumstances, including the needs of both parties and the children. If an order is made to defer a sale of the family home, when it is eventually sold, the sale proceeds will still be divided in the same way as if it had been sold straight away.

When Will a Court Agree to Delay the Sale of a Property?

This is a common concern for parents asking whether they can stay in the house after separation with children. The court will only agree to delay the sale of a property in certain circumstances, and there is no guarantee that an order will be made.

Where an application is made, the court will carefully balance the needs of both parties alongside the needs of any children. A delay is more likely to be considered where the other party is able to secure suitable alternative accommodation and has the financial means and resources to meet their own needs as well as those of the other party and the children.

These types of orders are therefore more commonly seen in higher-income cases, where there are sufficient resources to meet both parties' housing needs. Every case will depend on its own individual circumstances, and the court will consider all of the available evidence before reaching a decision.

What Happens When the Property Is Eventually Sold?

If the sale of a property has been delayed, it is important to understand that this does not usually change who owns the property or how the sale proceeds will be divided when it is eventually sold.

A deferred sale simply postpones the sale until a specified event occurs, such as a child reaching a certain age or finishing full-time education. When the property is sold, the net proceeds will generally be shared in accordance with the parties' legal or beneficial interests, whether those ownership shares were agreed at the time of purchase, recorded in a Declaration of Trust, or determined by the court. The fact that the sale has been delayed does not, in itself, alter each person's entitlement to the property.

Need Advice About Property Rights After Separation?

Understanding your rights to stay in a property after separation can be complicated, particularly if you are not married.

Whether you own your home jointly, one partner is the sole owner, or there are children involved, the legal position will depend on your individual circumstances. Reaching an agreement is often the best outcome, but where this is not possible, there are legal options available to help resolve disputes over occupation, ownership and the future sale of the property. Seeking specialist legal advice at an early stage can help you understand your rights, protect your interests and work towards a practical solution.

If you are separating from your partner and need advice about your property rights or financial arrangements, our experienced Family Law team is here to help. Contact us on freephone 0800 011 6666 or at legal@timms-law.com to arrange a confidential appointment and receive clear, practical advice tailored to your circumstances.