Rights of Unmarried Homeowners

We've talked about the rights of married home owners, but what if you and your partner are simply living together and are not legally married? What are your rights with respect to the home that you and your family live in?

If you are not legally married, most of the protections we have talked about previously do not apply to you.

Unless you are a registered owner, your consent is not required for the family home to be sold or mortgaged. You do not automatically have a right to a share of the family home if you and your partner separate. You do not have a right to stay in the family home if you and your partner decide to separate.

No Consent Required

Unless you and your partner are legally married, only the consent of the registered owner is required for the property to be sold or mortgaged. The other partner will not be asked to consent to the sale or mortgaged. The other partner will not be asked to consent to the sale or mortgage, and has no automatic legal right to stop the transaction, even if it is a foolish one.

If you are not legally married, you are not automatically entitled to a share of any of your partner's property. When people who are simply living together separate, their property is usually divided based on who owns the property. If the home is registered in the name of the partner, ordinarily that partner will get the whole house. If one partner is only registered owner of the home, the other partner may be able to claim an interest in the property by proving that he or she contributed to the purchase or upkeep of the property by giving money to the other partner or by doing work on the property.

If you are not legally married, the registered owner alone decides who has the right to live in the home. If you and your partner separate, the registered owner has the legal right to insist that the other partner move out of the family home.

So what can you do to protect yourself? Your best protection is to make sure that you are shown as a registered owner of the home if you are paying any money towards its purchase. Ask your lawyer whether you and your partner should have a cohabitation or co-ownership agreement to deal with such matters as:

  • The responsibilities that you and your partner have toward the maintenance and upkeep of the home.
  • What happens to the home if you and your partner separate.
  • How the proceeds of any sale should be divided.