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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Separating from partner - unmarried but I own the home. What rights do I have?

33 replies

tiredmumma2025 · 27/11/2025 15:02

I am seriously considering separating from my partner and looking for some advice. We currently live in a house that I own (he is not on the title deeds) and we are not married. We have 2 children living with us who are under 18 (our child and his child from a previous relationship).

What do I need to do to get him to move out? He isn't on the mortgage and we don't have any form of tenancy agreement. As we aren't married, from the research I have done, I understand I just need to give him reasonable notice (for example 2 weeks), and then if he doesn't leave I can simply change the locks. Is this right?

If I sold the house, I think he would need to prove he has "beneficial interest" to get any proceeds from the sale/equity. He didn't contribute to the house purchase in any way (no money for the deposit or for the legal fees). He hasn't contributed financially to any improvements to the house (new boiler, new bathroom, new furniture etc.). He has been paying towards the mortgage and bills - however, I am not sure if only paying towards the mortgage would count as beneficial interest (and he didn't make payments consistently every month).

Just looking for any advice from anyone who may have been in a similar position previously. I am obviously hoping that we can come to an agreement amicably but just trying to make sure I understand both our rights beforehand.

Thank you.

OP posts:
CombatBarbie · 27/11/2025 18:16

Yes thats right, hes effectively a lodger. What is his contribution labelled as on the bank when he sends iit? Bills is fine, rent is fine, if it says mortgage, you may find he could have a claim.

houseofisms · 27/11/2025 18:51

How long have you been together? If over 7 years it’s different? I’m ex MIL split with her partner. He lived in her house and had been together 10 yrs. he had a claim that he was contributing to upkeep of the house etc

Original poster
tiredmumma2025 · 27/11/2025 19:53

CombatBarbie · 27/11/2025 18:16

Yes thats right, hes effectively a lodger. What is his contribution labelled as on the bank when he sends iit? Bills is fine, rent is fine, if it says mortgage, you may find he could have a claim.

There's no reference on the statement, it's just a bank transfer. The mortgage is paid from my bank account to the lender, his transfer comes into another account where all our bills come out of.

I would be happy for him to have a share of the equity if he is entitled to it because of his contribution. But I do think the deposit I put down when purchasing should be out of the equation.

OP posts:
racierach · 27/11/2025 19:57

You’ll be fine. He has no claim

Doggielovecharlotte · 27/11/2025 19:59

Don’t say he’s contributing to mortgage - that is rent

luckily he hasn’t contributed to improvements so he has no hope of any of your house

Original poster
tiredmumma2025 · 27/11/2025 19:59

houseofisms · 27/11/2025 18:51

How long have you been together? If over 7 years it’s different? I’m ex MIL split with her partner. He lived in her house and had been together 10 yrs. he had a claim that he was contributing to upkeep of the house etc

Thank you. We have lived together for just over 3 years. That's interesting to know - he hasn't contributed financially to anything to do with the house except the transfer for bills / rent etc. which quite often hasn't been enough monthly to claim it was 50/50. It depends I suppose if general maintenance (that I also do!) is considered as part of it.

Perhaps its easier to offer a set amount (say 50% of the equity which isn't going to be a huge amount in 3 years) to stop having to do anything more complicated.

OP posts:
SwimBikeRunBake · 27/11/2025 20:00

I have just separated from my partner of 13 years. We have one child together, no other children. We aren't married, but did have joint finances.

We live in a house that is in my partners name only. I am not on the mortgage, but we moved into the house as a couple. He paid all of the initial deposit, but I made overpayments over the years which almost total the deposit amount.
I have paid towards bills, mortgage, and house improvements.

So maybe not the same situation you are in, but I wasnt on the mortgage but did have a beneficial interest in the house.

As part of our legal separation agreement, we have split equity in the house 50/50. We both agreed this was fair.

Doggielovecharlotte · 27/11/2025 20:01

tiredmumma2025 · 27/11/2025 19:59

Thank you. We have lived together for just over 3 years. That's interesting to know - he hasn't contributed financially to anything to do with the house except the transfer for bills / rent etc. which quite often hasn't been enough monthly to claim it was 50/50. It depends I suppose if general maintenance (that I also do!) is considered as part of it.

Perhaps its easier to offer a set amount (say 50% of the equity which isn't going to be a huge amount in 3 years) to stop having to do anything more complicated.

Show quote history

It’s not different if over 7 years…that’s not valid

TwistedWonder · 27/11/2025 20:01

He has no real claim but that probably won’t stop him trying it on.

Seek legal advice. My friends ex wanted 27 grand when he moved out - he’d paid her a pittance for 5 years.
A solicitor told her to offer token amount to get rid of him and are ended up paying him £2500

houseofisms · 27/11/2025 20:01

tiredmumma2025 · 27/11/2025 19:59

Thank you. We have lived together for just over 3 years. That's interesting to know - he hasn't contributed financially to anything to do with the house except the transfer for bills / rent etc. which quite often hasn't been enough monthly to claim it was 50/50. It depends I suppose if general maintenance (that I also do!) is considered as part of it.

Perhaps its easier to offer a set amount (say 50% of the equity which isn't going to be a huge amount in 3 years) to stop having to do anything more complicated.

Show quote history

3 years should be fine. Don’t give 50:50 unless you need to.

DisforDarkChocolate · 27/11/2025 20:01

He's not paying the mortgage, he's paying rent.

socool · 27/11/2025 20:02

It doesn't look as if he would have any claim. But if you want to acknowledge some contribution from him, maybe pay the deposit on a flat for him, to get him out the door. Only if you want to of course.

I think he would have to initiate a claim here. I don't know if that's through the courts or the Small Claims.

Someone will come along and advise I'm sure.

Doggielovecharlotte · 27/11/2025 20:03

There is
no "7-year rule" in UK housing law that automatically grants unmarried couples the same rights as married couples. This idea is a persistent myth of "common law marriage," which does not exist in law.
Regardless of how long you live together, unmarried partners have very limited automatic rights regarding property and finances.

Tontostitis · 27/11/2025 20:04

Do not offer him 50% of equity. He could have got a mortgage and bought a property rather than living in yours. He could have paid his way fairly and regularly. He hasn't and is not entitled to 50% of yours. If your house had lost equity would he be paying youv 50% if the loss to move out? If you want to be nice help him out with deposit and rent for the first month in a new place. Do not sacrifice anything you have built up for a 3 year live on boyfriend.

PumpkinTwistyWindToots · 27/11/2025 20:06

Don't offer him any money at this stage. However since he has a child he needs to house, 2 weeks is not reasonable notice.

Makingpeace · 27/11/2025 20:07

PumpkinTwistyWindToots · 27/11/2025 20:06

Don't offer him any money at this stage. However since he has a child he needs to house, 2 weeks is not reasonable notice.

Yes that's what I thought.

How old are the children OP?

Original poster
tiredmumma2025 · 27/11/2025 20:11

Thanks everyone, really appreciate the comments. I will try and get some legal advice to confirm.

Interestingly I have been keeping track of what he "owes" me in terms of when I have paid for things (talking new boiler, new bathroom, holidays, not enough for 50% of bills each month etc.) and this adds up to almost double what he would get if I was to offer 50% of the equity. So not trying to stop him having anything he is entitled to but also feel like I have already been taken advantage of enough! Not sure how I allowed it to continue for so long...

OP posts:
99bottlesofkombucha · 27/11/2025 20:11

It sounds like he’s paid bills and a very cheap rent once you spread it out to cover the missed payments. No deposit, no responsibility for actually making the payment every month, no contribution towards extras, a cheap rent. I’d see a lawyer, and not give him the hard earned equity you were the only one taking responsibility for?

Original poster
tiredmumma2025 · 27/11/2025 20:12

PumpkinTwistyWindToots · 27/11/2025 20:06

Don't offer him any money at this stage. However since he has a child he needs to house, 2 weeks is not reasonable notice.

Very good point, thank you.

OP posts:
ChrisMartinsKisskam · 27/11/2025 20:28

Don’t offer him anything as that could be seen as you think he is entitled to something

let him pursue you rather than you offer

cestlavielife · 27/11/2025 20:45

He has zero rights to any equity

User74939590 · 27/11/2025 20:48

Doggielovecharlotte · 27/11/2025 20:03

There is
no "7-year rule" in UK housing law that automatically grants unmarried couples the same rights as married couples. This idea is a persistent myth of "common law marriage," which does not exist in law.
Regardless of how long you live together, unmarried partners have very limited automatic rights regarding property and finances.

Yes! This!

Even in marriage you only have rights to the other party’s assets after 5 years.

BadgernTheGarden · 27/11/2025 20:56

Three years, don't offer anything if it was a marriage it would hardly count. He leaves pays support for your joint child and that's it.

StewkeyBlue · 27/11/2025 22:22

OP: you seem to have paid most of the housing costs for him and both his children, albeit you have shared responsibility for one child.

He can’t expect to have lived without contributing to the cost of keeping a roof over his head. Most of a mortgage payment is interest. That is the cost of a roof over your head. Much of any rise in equity will be as a result of increase in value, which is the increase in value of the deposit you paid.

I wouldn’t be so ready to give him any equity. Had he even paid his fair share to support your child?

Don’t start a conversation about it. Just get in with separating.

incognitomummy · 27/11/2025 22:32

Just separate.
He has no claim over your property.
get support to draft a financial agreement - ie what support he is giving you for your child if you are not going 50/50 on custody.

if you go for 50/50 then I understand niether of you pay the other one. But you need to agree how to pay for kids stuff. Like uniform and trips. Best to document this stuff.