Moving in together is an exciting time in a relationship. However, If you own a property or are purchasing one, and you intend for your partner to live in the property, you should consider whether or not you intend for them to acquire an interest in the property.

A beneficial interest in a property

A person who is not named on the title of the property has no legal interest in the property, however it is possible in certain circumstances for a non-owner to establish a beneficial interest in a property if they live in it.

If a Court is ever asked to consider whether a non-owning party has a beneficial interest in a property, the first question will always be, “What were the parties’ intentions?” Therefore, if you are not intending for your partner to acquire a beneficial interest in your property, at least at this stage in your relationship, then it is important to record precisely what your intentions were/are in a document agreed and signed by both parties.

A declaration of ‘non-interest’

A “declaration of non-interest”, which sets out that the person living in the property, who is not named on the title, will not acquire a beneficial interest in the property, even if they make contributions towards bills, mortgage, or improvements to the property. If the matter ever goes to Court in the future, this document can be relied upon to show both parties’ intentions.

How we can help

If you are interested in entering into a declaration of non-interest, or would like to discuss this further, then please contact Family Law team at THP Solicitors on 0118 975 6622. The charge for this type of agreement is typically £250.00 plus VAT, however an exact quote will be dependent on the circumstances in each individual case.