Buying a house with your partner feels like a big step, but it also brings a lot of legal questions. Who actually owns the roof over your heads? What happens if you split up? Below we break down the main rules that apply when a husband and wife own property together in the UK.
There are three common ways couples hold title to a home:
Joint tenancy. Both names are on the deed and each person owns an equal share. If one partner dies, the other automatically inherits the whole property – no probate needed.
Tenancy in common. You can own different percentages (e.g., 60% / 40%). When one partner dies, their share passes through their will or intestacy rules, not automatically to the other spouse.
Tenancy by the entirety. This is a special form used in England and Wales for married couples only. It works like joint tenancy but adds extra protection – creditors can’t force a sale of the home to settle one partner’s debts.
Most couples choose joint tenancy because it’s simple and gives the surviving spouse a clear path to keep the house. If you prefer flexibility, tenancy in common lets you split ownership however you like, which can be handy if one partner brings more cash to the table.
Even if you’re married, it’s smart to write down how you expect to handle the property. A prenuptial agreement or a post‑nuptial deed can spell out what each person contributes and what happens if things go sour. This isn’t just for the rich – a few pages can save a lot of stress later.
Don’t forget the mortgage. Lenders usually require both partners to be liable, which means any missed payment can affect both credit scores. If one partner plans to pause payments for a while (maybe to finish school), discuss it with the lender first.
When you sell, both owners must sign the transfer forms, and any profit is shared according to the ownership split. If you’ve made improvements, keep receipts – they can boost the sale price and help you claim a larger share.
Lastly, think about inheritance. If you want the house to stay in the family, updating your will to match the ownership type avoids surprises. For joint tenants, the surviving spouse already owns everything, but for tenants in common, you’ll need a clear will to pass your share.
Bottom line: understand which ownership style you have, write down any special agreements, keep the mortgage tidy, and update your will. Those steps keep your home safe for both of you, no matter what the future holds.
Discover how married couples own property together, the legal types, implications for divorce, tax, inheritance, and real-world tips for avoiding pitfalls.