Does My Partner Have a Claim to My House Even if Were Are Not Married?

If you are not married and the property is in your sole name then your cohabiting spouse does not generally have an interest in that property.  

However, where a cohabiting partner makes financial contributions to the property for example paying the mortgage or spending money on the house which is going to increase its value i.e. paying for a new conservatory, this could alter that position.

Under the Trusts of Land and Appointment of Trustee’s legislation, the court can consider significant financial contributions towards a property and impose an equitable interest on a cohabiting partner even if they are not listed as a legal owner of the property.

Unmarried couples who have children under the age of 18 together can also consider making an application to the court under Schedule 1 of the Children Act 1989.  This legislation allows the court to make provisions such as transfer of a property, lump sum payments as well as ordering for one parent to remain in the property owned by the other whilst the child is still a minor.

If you wish to book in for an initial consultation to discuss a pre-nuptial agreement, our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.