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Advice

View the wider picture when buying a home together

Leasa Foster Leasa Foster
2 min read

Buying a home is exciting but you must remember to consider legal ways to protect yourself. Having a conversation now about the possible future eventualities is sensible and could prevent legal and financial difficulties later down the line.    

Who owns the home you buy together?

When you buy a property with another person, there are two types of property ownership:  

Joint Tenants (Joint Tenancy)

You own the property equally irrespective of whether one person has put more into the pot than the other.

On death the property automatically goes to the other owner (Right of Survivorship). This avoids probate and inheritance tax issues.

You cannot leave your share of the property to anyone in your will.

Tenants in Common

You can own the property in different shares.

On death your property does not go to the other owner unless noted in your will or through the intestacy rules.  

You can leave your share of the property in your will.  

Couples, who are not married, tend to opt for Tenants in Common as the property can be owned 50-50 or in unequal shares. Whilst owning your property as Tenants in Common provides legal protection, there are additional ways of protection you should consider, too.

How to protect the home you buy together

Declaration of Trust  

A Declaration of Trust is a legally binding document made at the time of buying a property. It sets out your financial arrangements, detailing shares or what sums of money are paid back to each party in the event that the property is sold or disposed of in the future.  A Declaration of Trust is a great way to avoid confusion or assumptions.  

Cohabitation Agreement

This is a legal document between unmarried couples who are living together. It can cover bank accounts, debts, household bills, vehicles and even care of pets in the event of the end of the relationship.    

When life decisions require legal advice from different specialist areas, you will see the benefit from using a team who work together across departments, to provide you with one seamless service. 

Client feedback

Excellent communication throughout the whole process.
David
I appointed Winston’s as conveyancers for both the sale of my existing home, and purchase of my next one. Sidraa and Tom were fantastic, working with pace and always responsive by email and/or when I called. It was far more seamless than I anticipated and I was incredibly impressed with their efficiency and communication. Thank you!
Joseph
Excellent professional service would highly recommend
Anonymous
Excellent service,highly professional and support me with purchasing the house.
Midhula
I found Winston Solicitors through, of all places, a post on Reddit from property flippers. They had great reviews on it and being a trusted person, did my due dilligence and checked Google too. I wasn't disappointed. I had been dealing with Amanda, Tom and Sidraa throughout my sale and purchase. I felt like I had the best team all the way through. Nothing got passed them and they were always prompt, helpful and friendly from start to finish. Sidraa certainly had her work cut out and she made me feel like they had my back and my interests at heart. Please don't be put off by using solicitors miles away. Most of this can be done online nowadays. It's all so easy to do. I don't want to move anytime soon but, if I have to, I will be using Winston Solicitors again and preferably the same team! Thank you all.
David
Leasa and Julie at Winston Solicitors were excellent to work with. Communicative and prompt with replies and emails and super clear on each step of the way. - June 2025
I Salmon, Surrey
Sidraa and Tom were both brilliant and made the whole process seamless as a first time buyer.Completely efficient, no messing around and more than competent.Thank you!
Benjamin
Leasa is a first class conveyancing solicitor. Her excellent professional skills and compassion came through very strongly in all the communications I had with her. A huge thank you, Leasa.
Anonymous
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