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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. 

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Anonymous
Many of my family members have used Winstons Solicitors for their conyancing, over many years. I too have now used them and they did not disappoint. Samantha Robertson-Strong and Paulo Dos Santos were my main persons of contact. They were highly professional and very thorough, whilst maintaining an air of friendliness and approachability throughout. I cannot recommend them highly enough!
Mr T
My son recently purchased a property. I had used Winston Solicitors for many years and had no hesitation in recommending them to him. Their service is outstanding; very professional yet friendly and approachable. Samantha is awesome. She always does a thorough job. Paulo, her assistant, has been an absolute pleasure to deal with as well. So a huge thumbs up and many thanks all around! - October 2025
J Thompson, Manchester
This was a stressful (and as it was a property purchase caused by divorce), very emotional. Samantha and Paulo were always very kind and patient. - October 2025
Dawn B, London
I recently used Winston Solicitors for the purchase of my first home and was extremely impressed with the service. My solicitor, Leasa, along with her assistant, Julie, were outstanding throughout the process—thorough, accommodating, and always patient in explaining each step clearly. They made what could have been a stressful experience feel smooth and manageable, always going above and beyond to support me. I truly appreciated their professionalism and personal approach, and I would not hesitate to recommend Winston Solicitors to anyone - I cannot thank you all enough. - September 2025
A Woods, Ryton
Professional & thorough throughout conveyancing process. Efficient communication & timely updates from Amr & Joe. Would not hesitate to use their services again. Highly recommend. - September 2025 
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