Skip to main content

Insight article

February 23, 2022

When jointly doesn’t mean equally?

We highlight the difficulties an unmarried couple may face when they own property together in the event of a relationship breakdown.

Let’s start at the beginning. An unmarried couple is in love and can’t wait to live together. They’ve saved their deposits and are looking at houses. Finally, they find a property and begin purchasing their dream home. Amongst multiple forms from their solicitor is one that asks how they would like to hold the property and whether they would like to be “joint tenants” or “tenants in common.”

In an ideal world, the solicitor clearly explains the difference between these two, but this doesn’t always happen. If the couple selects the wrong option, a cohabitation dispute could follow if the couple separates.

If only one person has contributed capital to the purchase or has contributed considerably more than the other, if the parties are joint tenants, then each party still owns an equal share of the property. This option might seem unfair, particularly where one party has used inheritance money or the “bank of mum and dad” to support the purchase. By selecting tenants in common, buyers can choose to own the property in percentage shares, for example, based on the amount they put in. These shares are not set in stone but could be crucial if the relationship breaks down and a dispute arises. Pippa advises:

“Although you might prioritise choosing the new kitchen, make time to decide how you should own your property at the outset; it may save you thousands on legal fees and protect your financial interests. Each purchaser should seek independent legal advice regarding any inequality in your deposit contribution. How you own your property also has implications on who benefits in the event of death, and there can be potential tax consequences/advantages depending on the option selected.”

Contact family solicitor Pippa Marshall or head of property Brinda Granthrai today to find out how they can help you.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more
  • Next equal pay appeal: when can market pressures justify different pay
    When can recruitment and retention pressures justify different pay? Karen Cole explores the Next equal pay appeal, explaining why equal pay risks remain and what employers should consider when reviewing pay packages and the evidence supporting their


    Read more
  • Domestic Abuse Protection Orders: where are they available and what other protection can you seek?
    Domestic Abuse Protection Orders can offer tailored protection, but availability is currently limited. Pippa Marshall explains how they work, who can apply and the other protective orders available, including non-molestation and occupation orders.


    Read more
  • Missing beneficiaries and unknown heirs: what should executors do?
    What should an executor do if someone entitled to inherit cannot be found? James McMullan explains how to trace missing beneficiaries, the limits of statutory notices and the options to consider before distributing an estate.


    Read more
  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more

What they say...

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

Read more
Send this to a friend