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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

We are so grateful to Sidraa for all her support during our recent property purchase. She kept us informed and up to date every step of the way, always responding promptly and sharing information clearly and in a timely manner.Sidraa worked incredibly hard behind the scenes, handling so much of the legal side with care and efficiency — often without us even realising just how much she was doing. Her dedication and thoroughness made the whole process feel smooth and stress-free, which we deeply appreciate.Thanks to her professionalism and attention to detail, what is usually a complex and sometimes overwhelming process felt straightforward and well-managed. We couldn’t have asked for a better solicitor and wouldn’t hesitate to recommend Sidraa to anyone buying a property.
Sahid
I would highly recommend Winston Solicitors to anyone in need of reliable legal support. Sidraa was outstanding throughout our entire process—reliable, diligent, informative, and genuinely kind. She kept us consistently updated, always took the time to explain things clearly, and was readily available to speak with us directly whenever we had questions. Her professionalism and personal touch made a potentially stressful process feel smooth and manageable.
Jacob C
Great service by Winston Solicitors - was communicated at every step - would recommend both Tom and Sidraa for their professionalism
Anonymous
Excellent
Anna L
A very good conveyancing service. Clear and direct communication throughout the process. I would recommend Winston's solicitors if you intend to buy or sell a property.
Mr G
Very best service as First time buyer they explained and Sort out everything clearly for me.
Nosheen
Samantha was great. Very efficient. Always able to help. Very straightforward transaction. I would recommend.
Mr & M
Absolutely amazing. Was my first time buying a house and I had no idea what I was doing. Samantha was the best solicitor I swear she never leaves her desk, each email I sent was responded to within 5-10minutes. She made a very stressful process a lot easier and can't thank her enough. When she had days off work the rest of the team there took on her work just as well, super easy to contact them all and they explained everything super clearly for me to understand. Anytime I need a solicitor from now on I will be using Winstons.
Mr Harwood
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