Skip to main content
buying-a-home-together-winston-solicitors
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

Quick, efficient and on point. Instructions were followed diligently. The whole sale process was relatively smooth and Michelle made it much easier than I had expected.
Anonymous
We are very happy with the service provided by Winstons solicitors when we were selling our parents house. The house sale fell through twice before completion but the team at Winstons remained very patient and happy to help. I always felt like the process moved very quickly from our side when compared to other solicitors in the process and the fees were very reasonable. The portal was kept up to date so we could easily track progress. Would recommend. Thanks guys, we got there in the end!
Mr Hardy
So glad we chose Winston's solicitors to act on our behalf . Fantastic from day one a big thanks to Samantha and the team . I would highly recommend them .
Mr F
Leasa Foster, our solicitor when we bought a property this year, provided timely, accurate advice that helped steer us to a good outcome. She was very firm in communicating with our counterparties, and always congenial and open to explaining situations in our personal communications. Super recommended...
Silvana
Winston solicitors did a fantastic job. Michelle Ayres took on my house sale and the entire process was excellent. She always replied to me quickly and kept me up-to-date with the progress of the sale. I would definitely recommend them.
Alex
Highly professional and timely in their work. Sidraa Razaq and her team are quick, clever, and responsive to the need to deliver results.
Chandra
Used for conveyancing following a bereavement. Efficient and freindly service, great communication. Thanks so much!
Dr Sutcliffe
Thank you for everything ! Excellent service & a pleasure to deal with. Would highly recommend. - July 2025
A Woodhead, Bradford
Contact Leasa