When partners live together they are known as cohabitants, and the property in which they live is known as the ‘cohabitational home’. Whoever’s name(s) is listed on the legal documents in relation to the house (Title Deeds, Transfer) is the owner of the property. So what happens when the cohabitants separate?

When both parties own the property

When both are owners of the property, they own it as either joint tenants or tenants in common. What does this mean?

Joint Tenants

Joint tenants is where both parties own all the property on trust for sale for each other. Generally, both parties would be entitled to 50% of the property’s equity (but this can depend on various factors).  If one party dies, the other is automatically left with full equity.

Tenants in Common

Alternatively, tenants in common is when they each have their separate share of the property, and this is not always equal! They can deal with their share separately i.e. sell, leave in Will. This is common where one cohabitant has children from a previous relationship.

By owning the property as one of these, upon separation, there should be no argument as to who gets what, since it is set out in the title deeds/transfer. Both parties can apply for the court to order a sale/transfer if the other party is being problematic. Although, it’s rare to create an order against the main carer of children if they wish or need to remain in occupation of the property.