How to buy a house with a partner: ownership, money and the paperwork

Buying with a partner is a big romantic step and a bigger legal one. Three decisions matter more than any decor choice: how you own the home, how you split the money, and what happens if you split up. Sort these out before the offer, not after.

How you own it: the two options

• Joint tenants - you own the home equally, 50/50, and if one of you dies, the other inherits the whole property automatically (this is the default for most couples)
• Tenants in common - you own defined shares (e.g. 70/30) that you can leave to anyone in your will; the automatic inheritance right doesn’t apply

Unequal deposits are the classic reason to choose tenants in common: if one of you puts in £60,000 and the other £10,000, owning 50/50 gives the smaller depositor a huge windfall - and the bigger depositor a huge risk.

A Declaration of Trust

A Declaration of Trust (a legal document, usually £200–£500 via your conveyancer) records who put in what and how the proceeds should be split on sale - for example, each partner gets their deposit back first, then the remaining equity splits equally. It isn’t romantic, and it has saved countless couples from expensive, bitter disputes.

The money questions

• Deposits - equal, or proportional? Record it in the Declaration of Trust
• Mortgage - both names on the mortgage means both are liable for the whole debt, even after a breakup. One name means only one of you is credit-affected if payments slip
• Monthly costs - mortgage, bills, maintenance: agree the split and what happens if someone loses their job
• First-time buyer status - if one of you has owned before, the pair loses first-time buyer Stamp Duty relief on the whole purchase
• Credit scores - a joint application means both credit files are checked and linked

If you separate

With joint tenants, a sale usually splits 50/50 regardless of contributions - unless a Declaration of Trust says otherwise. With tenants in common, shares are enforced but one partner may need to buy the other out or force a sale. The best protection is the paperwork done at purchase: the Declaration of Trust plus a clear agreement on what happens to the home if you split (sell? one buys the other out? deadline?).

Source: GOV.UK - joint property ownership — Ownership options checked August 2026