When You Are Not Married

There is no such thing as “common law” husband or wife, no matter how long you have been together or whether you have children together.

If a property is owned in joint names, you are both entitled to a share. Unless there is a deed of trust or the conveyancing documents state clearly what the shares are, the shares are likely to be 50% each, even if one party contributed much more than the other when buying the property.

However, if you have paid money towards the property and have relied on that you may be able to show that you should have more of a share. Paying for food and housekeeping while your partner pays the mortgage is NOT enough.

You should take advice before you buy a property together and may consider having a cohabitation agreement which sets out clearly what you intend should happen in the event that you separate.