We are the main sponsor of Storyhouse Queer Festival 2026, the Chester venue’s annual celebration of LGBTQIA+ stories and communities. Taking place this week, our legal teams will be offering free LGBTQIA+ Legal Clinics and raising awareness of key LGBT+ legal issues through providing their specialist insights.
This article outlines the primary legal considerations for same-sex couples buying a property together, including ownership structures, cohabitation agreements and the main risks to be aware of.
Understanding the legal position
Many people assume that property rights differ for same-sex couples, or that living together for long enough creates “common law” rights. Neither is true. The law treats same-sex and opposite-sex couples in the same way, but cohabiting couples do not receive the same legal protections as those who are married or in a civil partnership.
As a result, same-sex couples who buy property together may be left financially vulnerable if their relationship breaks down or if one partner dies. Without the legal safeguards that marriage or civil partnerships provide, ownership of the property will depend largely on how it is held and whether any formal agreements are in place. Taking legal advice at the outset can help avoid uncertainty and disputes later on.
What are the routes to co-owning residential property?
The most recent figures represented a growing trend in cohabitation across the UK, with over 3.6 million couples cohabiting in 2021, with approximately 476,000 of these individuals in same-sex relationships, an increase of 1.3% since 2011. As more couples choose to cohabit and purchase homes together without marrying or entering into a civil partnership, understanding the legal routes to co-owning residential property has become increasingly important.
Cohabitation agreements
For same-sex couples who are not married or in a civil partnership, cohabitation agreements can play an important role in setting out how property and finances will be managed. While they do not determine how a property is legally owned, they can sit alongside ownership arrangements to provide clarity about financial contributions, ongoing costs and what should happen if the relationship ends.
When buying a property together, couples will also need to decide how the property itself is held in law. The two main routes to co-owning residential property are joint tenancy and tenants in common, each of which carries different legal consequences. Advice on cohabitation agreements is typically provided by our Matrimonial team, who work closely with our property lawyers where property ownership is involved.
Joint tenancy
When a property is purchased as joint tenants, each person is considered to own an equal share, regardless of how much they contributed to the purchase price, mortgage, or other expenses. If one owner dies, their share automatically passes to the surviving owner, even if they have left a Will stating otherwise.
Tenants in common
Tenants in common allows each owner to hold a defined share in a property. Unlike joint tenancy, there is no automatic right of survivorship, meaning a person’s share will pass under their Will or the intestacy rules if no Will is in place. Making a Will is therefore essential.
This option is often better suited to same-sex couples who contribute unequally to the purchase price or mortgage. A Declaration of Trust can record each person’s share and what happens if the property is sold, helping to avoid disputes where contributions are not equal. Where property is owned as tenants in common, each person’s share will pass under their Will rather than automatically to the surviving owner. Our Residential Conveyancing and Wills and Probate teams regularly work alongside each other to ensure that ownership arrangements and testamentary intentions are properly aligned.
Declarations of Trust and protecting your share
A Declaration of Trust is a legally binding document that sets out how a property is owned and how the proceeds should be divided on sale. It is particularly important where one partner has contributed a larger deposit, pays more towards the mortgage, or funds improvements to the property. A Declaration of Trust can also deal with what happens if the property is sold following separation, providing clarity and reassurance for both parties. Putting this in place at the time of purchase ensures that each person’s financial interest is clearly recorded.
Where property is owned as tenants in common, each person’s share can also be left to a chosen beneficiary. This can have wider implications for estate planning and inheritance tax, particularly as property values increase.
Managing risk when buying property together
For same-sex couples purchasing property together, risk most commonly arises where the legal position does not reflect each person’s expectations or financial contribution. This can become an issue if the relationship breaks down, if one partner dies, or if the property needs to be sold. Where couples are unmarried, there are no automatic protections, and in the absence of clear agreements the law may assume equal ownership, even where contributions have differed. Taking steps to address these risks at the outset can help prevent uncertainty and costly disputes later on.
How we can help
We support same-sex couples at every stage of the property buying process, from advising on ownership structures to preparing Declarations of Trust and Wills. Our teams provide clear, practical advice tailored to your circumstances, helping you to protect your investment and reduce the risk of future disputes.
Get In Touch
David Jones is an Associate Partner in our Property team, who specialises in residential conveyancing and can offer practical advice throughout the property buying and selling process.
If you’re considering buying a home, whether with a partner, friends, or family, or need advice on how to structure ownership to reflect contributions fairly, contact our team today on 03330 606 853 or fill out our online contact form.
