My Name Isn't On The Mortgage - Do I Have Any Rights?

If you are living with your spouse or partner but your name isn’t on the mortgage, you could have some rights over the property. This depends on the circumstances, including whether or not you are married.

If you are married or in a civil partnership

If you are married/in a civil partnership and are not on the mortgage, you can apply for a Matrimonial Homes Rights Notice. This will give you some occupation rights but will not provide you with any ownership rights. However, if you later separate or divorce, the court will most likely say that you have a claim on the property.

To register your home rights, you need to:

• Obtain the property title number; and
• Fill in a HR1 document and file it with the Land Registry

You can't apply for matrimonial home rights on a property that your husband or wife owns with someone else. Also, you can only apply for home rights to one property. It is important to remember that matrimonial home rights only provide you with occupation rights; it does not give you any rights to ownership of the property.

If you are not married or in a civil partnership

Unlike married couples, cohabiting couples do not automatically have financial claims against each other upon separation. Because of this, we advise drafting a Declaration of Trust or Cohabitation Agreement. These are legal documents which can be used to outline each person’s share of a property. They can also specify what should happen, in the event the relationship breaks down.

If there is no Declaration of Trust or agreement, you may still be able to show that you have an interest in the property. To achieve this, you must demonstrate that:

1. There was a common intention between you that you would have an interest in the property; and
2. You have acted to your detriment in reliance on this; or
3. You were led to believe that you had a beneficial interest and as a consequence of this you acted to your detriment

Speak to our shared ownership solicitors

If you are considering moving in with your partner, or you already live with a partner but are not named on the mortgage, you should seek legal advice from an expert. A solicitor from our team can help you understand your rights over the property, and can implement legal agreements to ensure your interests are protected. This applies, regardless of whether or not you are facing a separation.

If you are married and your name is not on the mortgage, you will have a claim on the property and we can discuss this further. Should you need any further information, please do not hesitate to contact us for a free initial enquiry. You can also speak to our remortgaging solicitors.