Cohabitation if you are named on the legal title

If your name is on the title deeds of the property then you will hold it as either joint tenants or as tenants in common.  If you own a property as joint tenants then on death the property will automatically pass to the survivor of you, regardless of what is said in your will.

Joint Tenants

If you own a property as joint tenants and have declared how you wish to own your beneficial interest then in the absence of fraud or mistake you will own the property in accordance with the declaration.

If, however, there is no express declaration of your beneficial interest the starting point is to assume that you will be jointly entitled to the equity.  The Supreme Court has however decided that where it is not possible by direct evidence or inference to ascertain your intentions they can decide your shares by looking at what they consider to be fair. Financial contributions are relevant but there are many other factors which the court may take into account.

Living Together/Cohabitation Agreements

It is important that either at the time of purchase or subsequently you have an express declaration of trust in a Living Together Agreement to ensure that your intentions regarding your ownership are accurately reflected. You should review your agreement as your circumstances change and ensure your legal documentation is updated.

If you own the property as tenants in common then on death the property will pass in accordance with the terms of your will. If however, you do not have a will then the property will pass in accordance with the rules of intestacy. Unlike married couples cohabitants will not automatically inherit from one another, and will not inherit from one another under the rules of intestacy. Therefore the only way you can provide for one another on death is to make a will.