Buying a home together is an exciting milestone, whether you are married or not. However, couples who are not married or in a civil partnership do not automatically receive all the same legal protections as spouses or civil partners.
This makes it especially important to understand how the mortgage works, how the property will be owned and what could happen if you separate or one of you dies.
This guide focuses on property purchases in England. Some of the same principles apply in Wales, but Wales has its own property transaction tax. Scotland has a separate legal system and different rules concerning property ownership and cohabitation.
Couples purchasing in Wales or Scotland should obtain legal and tax advice specific to the location of the property.
At a glance
- Unmarried couples can apply for a joint mortgage.
- Both borrowers are normally responsible for the whole mortgage debt, not simply half each.
- In England, jointly owned property can be held as joint tenants or tenants in common.
- A Declaration of Trust can record unequal deposits and how sale proceeds should be divided.
- Every purchaser must qualify as a first-time buyer for First-Time Buyers’ Relief from Stamp Duty Land Tax.
- A joint borrower/sole proprietor mortgage may allow an eligible first-time buyer to purchase alone while using another person’s income for affordability.
- Living together does not create a “common-law marriage” in England and Wales.
- Wills, a cohabitation agreement and suitable protection policies may provide valuable additional security.
- Specialist mortgage advice can be helpful where either applicant has complex or self-employed income.
Can unmarried couples get a joint mortgage?
Yes. You do not need to be married or in a civil partnership to apply for a joint mortgage.
The lender will normally assess:
- both applicants’ income;
- personal and household expenditure;
- existing loans, credit cards and other commitments;
- both applicants’ credit histories;
- the proposed deposit;
- the property being purchased; and
- whether the monthly payments appear affordable.
Combining two incomes may increase the amount you can borrow, although adding a second applicant will not always improve the outcome. If one person has significant debts, high expenditure or adverse credit, this could affect the application.
Mortgage approval will depend on the lender’s criteria and your combined circumstances.
Understanding joint responsibility for the mortgage
People taking out a joint mortgage are normally jointly and severally liable for the debt.
This means that each borrower is responsible for ensuring the entire mortgage payment is made. It does not mean that each person is responsible for only 50%.
If one partner stops contributing, the lender can require the other borrower to cover the full payment. A private agreement between you about how the monthly payment will be divided does not change your responsibilities to the lender.
The mortgage will also create a financial association between you. Missed or late payments could affect both borrowers’ credit histories, regardless of who was expected to make the payment.
Before applying, it is sensible to discuss:
- how the deposit will be funded;
- how monthly payments will be divided;
- how household costs will be shared;
- what will happen if one person’s income falls;
- whether either person has debts or financial commitments the other does not know about; and
- what you would do if the relationship ended.
These conversations may feel uncomfortable, but agreeing the practical details before buying can prevent more serious difficulties later.
Does “common-law marriage” exist?
No. There is no legal status of common-law marriage in England and Wales, regardless of how long a couple has lived together or whether they have children.
Cohabiting partners do not automatically acquire the same property, financial or inheritance rights as spouses or civil partners.
That does not mean an unmarried partner can never have rights or bring a legal claim. Rights may arise through property ownership, an express agreement, financial contributions, trust law or legislation concerning children and estates. However, the outcome will depend on the facts.
Where a property is owned in one partner’s name, the other partner should not assume that living there, paying household bills or contributing informally will automatically give them a share.
Equally, the registered owner should not assume that the other partner could never establish an interest. Anyone contributing towards a property they will not legally own should take independent legal advice before paying the deposit or mortgage costs.
Joint tenants or tenants in common?
When purchasing a property jointly in England, you will usually need to decide whether to hold the beneficial ownership as joint tenants or tenants in common.
This choice affects your financial interest in the property and what happens when one owner dies.
Joint tenants
As joint tenants:
- you have equal rights to the whole property;
- you do not hold separately defined shares; and
- when one owner dies, their interest passes automatically to the surviving owner through the right of survivorship.
A jointly owned property passes to the surviving joint tenant regardless of instructions in the deceased owner’s will concerning that property.
Joint tenancy may suit couples who want to own the property together without recording separate percentage shares. However, the appropriate choice depends on your intentions and legal advice.
Tenants in common
As tenants in common:
- each owner has a distinct beneficial share;
- the shares can be equal or unequal;
- an owner’s share does not automatically pass to the other owner when they die; and
- each owner can leave their share under their will.
This structure may be appropriate where:
- you are contributing different deposit amounts;
- one partner is receiving a family gift towards the purchase;
- you intend to make different contributions to the mortgage;
- either partner has children from a previous relationship;
- you want to protect individually owned capital; or
- you want to leave your share to a chosen beneficiary.
The ownership percentages and any arrangements concerning the deposit, mortgage or sale proceeds should be recorded clearly with the help of a solicitor.
Neither structure is automatically better or safer. The correct choice depends on your contributions, intentions and estate-planning needs.
What is a Declaration of Trust?
A Declaration of Trust is a legal document that records how the beneficial interest in a property is held.
Depending on how it is drafted, it can address:
- how much each person contributed to the deposit;
- whether a gifted deposit should be returned to one person first;
- the percentage of the property owned by each partner;
- how mortgage payments and major costs will be shared;
- responsibility for repairs and improvements;
- how sale proceeds will be divided;
- what happens if one partner wants to sell; and
- whether either partner has the option to buy the other’s interest.
For example, one person may provide 70% of the deposit while the other provides 30%. The couple might choose to own the property in those proportions, or they might agree that the original deposits will be returned first before the remaining equity is divided.
There is no single arrangement that works for every couple. A solicitor can draft the Declaration of Trust to reflect what you have actually agreed.
The mortgage lender must also be told about any arrangement that could affect ownership or its security.
Should you have a cohabitation agreement?
A cohabitation agreement can record the wider financial arrangements between an unmarried couple.
It may cover:
- contributions to the mortgage and household bills;
- ownership of furniture and other possessions;
- responsibility for debts;
- joint bank accounts and savings;
- financial arrangements for children;
- what will happen if one partner cannot work;
- arrangements following separation; and
- how disagreements will be handled.
A cohabitation agreement and a Declaration of Trust perform different functions. The Declaration of Trust generally focuses on the beneficial ownership of the property, while a cohabitation agreement can cover the couple’s broader financial arrangements.
Both partners should obtain appropriate legal advice. Independent advice may be particularly important where one partner is contributing substantially more than the other.
Why making a will matters
An unmarried partner does not automatically inherit under the intestacy rules in England and Wales simply because the couple lived together.
If you own the property as tenants in common, your share will pass under your will. If you do not have a valid will, it will be distributed under the intestacy rules and may pass to relatives rather than your partner.
Making a will allows you to specify who should inherit your property and other assets. Your solicitor can also advise on:
- providing a right for your partner to remain in the property;
- protecting children from a previous relationship;
- appointing guardians for children;
- inheritance tax considerations; and
- coordinating your will with a Declaration of Trust.
Joint tenants benefit from the right of survivorship, but making a will remains important for other property, money and personal wishes.
Pension benefits are governed by the rules of the particular scheme. It may be sensible to review any expression-of-wish or beneficiary nomination forms, while recognising that the scheme’s trustees or administrators may retain discretion.
The 2026 Cohabitation Reform Proposals
In June 2026, the Government opened a consultation called A Fairer End to Relationships. It included proposals to introduce new financial protections for eligible cohabitants following separation and to consider changes to inheritance rights.
For separation claims, the consultation proposed that a new framework could apply to couples who had lived together for at least three years. It also proposed removing the minimum period where the couple lived together and had a child of the family.
The consultation closed on 14 August 2026. At the time of writing, the Government has not introduced these proposals into law.
Couples should therefore make decisions based on the law as it currently stands. They should not assume that the consultation has already created new rights or that every proposal will ultimately become law.
Because this area may change, this article and any legal arrangements should be reviewed if new legislation is announced.
Stamp Duty Land Tax for joint buyers in England
Stamp Duty Land Tax, commonly called SDLT, applies to property purchases in England and Northern Ireland.
For a joint purchase, the buyers are treated as part of the same transaction. The circumstances of each purchaser can affect the tax treatment of the whole purchase.
First-Time Buyers’ Relief
To qualify for First-Time Buyers’ Relief, every person purchasing the property must meet the first-time buyer conditions.
Broadly, a person will not qualify as a first-time buyer if they have previously acquired an interest in a residential property anywhere in the world. This can include property that was inherited or received as a gift, not only property bought with a mortgage.
Under the rates applying at the time of writing, qualifying first-time buyers purchasing a property for no more than £500,000 pay:
- 0% on the first £300,000; and
- 5% on the portion from £300,001 to £500,000.
If the price is more than £500,000, First-Time Buyers’ Relief is not available, and the standard rates apply to the full purchase.
If one joint purchaser has previously owned a residential property, First-Time Buyers’ Relief will generally not be available for the transaction, even if the other purchaser has never owned a property.
Higher SDLT rates
Higher SDLT rates may apply if one of the joint purchasers will own more than one residential property at the end of the transaction and is not treated as replacing their main residence.
This means a previous property still owned by one partner could affect the SDLT payable on the entire joint purchase.
The rules contain conditions and exceptions, including provisions for replacing a main residence. Your conveyancer or tax adviser should confirm the SDLT position before you exchange contracts.
Could a joint borrower/sole proprietor mortgage help?
A joint borrower/sole proprietor mortgage, often shortened to JBSP, allows more than one person to be responsible for the mortgage while only one person legally owns the property.
For example, one partner may be a first-time buyer while the other currently owns, or has previously owned, a residential property. A normal joint purchase would not qualify for First-Time Buyers’ Relief because every purchaser must be a first-time buyer.
With a JBSP arrangement:
- the first-time buyer is the sole legal owner and purchaser;
- both partners’ incomes may be considered for mortgage affordability;
- both borrowers are responsible for the entire mortgage debt; and
- the supporting borrower is not named as an owner at HM Land Registry.
Because First-Time Buyers’ Relief is determined by the circumstances of the purchaser rather than every mortgage borrower, relief may potentially be available where the sole purchaser:
- has never previously acquired a qualifying interest in residential property anywhere in the world;
- intends to occupy the property as their only or main residence;
- is genuinely the sole legal and beneficial owner;
- is not otherwise subject to the higher SDLT rates; and
- purchases the property for no more than £500,000.
The fact that the supporting borrower currently owns, or previously owned, another property does not necessarily prevent the sole unmarried purchaser from qualifying. However, the legal and beneficial ownership arrangements must reflect the reality of the transaction.
A JBSP mortgage does not guarantee First-Time Buyers’ Relief. The conveyancer or a suitably qualified tax adviser must confirm whether the conditions are satisfied.
Important implications for the supporting borrower
The supporting borrower accepts substantial financial responsibility without becoming a legal owner.
They will normally:
- be jointly and severally liable for the whole mortgage;
- have the mortgage included in future affordability assessments;
- have their credit history affected by the conduct of the mortgage;
- have no automatic right to a share of the property or sale proceeds; and
- be unable to sell, transfer or mortgage the property as an owner.
The lender may require the supporting borrower to obtain independent legal advice and sign documentation confirming that they understand their responsibilities and do not have an interest that takes priority over the lender’s security.
Beneficial ownership must be considered carefully
A JBSP mortgage should not be used to present one ownership arrangement to the lender or HMRC while operating a different arrangement privately.
If the supporting borrower contributes to the deposit, makes mortgage payments or has an agreement to receive part of the sale proceeds, this could raise questions about whether they have acquired a beneficial interest in the property. That could affect the SDLT analysis and the lender’s requirements.
A Declaration of Trust giving the supporting borrower a share of the property may also be inconsistent with the first-time buyer being treated as the sole beneficial owner.
The deposit, payment arrangements and intentions of both partners must be disclosed accurately to the lender and conveyancer.
Anyone contributing towards a property they will not own should also obtain independent legal advice about the risks involved.
What if the supporting borrower currently owns another property?
For an unmarried couple, a property owned by the non-purchasing supporting borrower is not automatically attributed to the sole purchaser in the same way as it may be between spouses or civil partners.
However, the precise ownership, funding and occupation arrangements remain important.
Married couples and civil partners are subject to additional SDLT rules that can take account of property owned by a non-purchasing spouse or civil partner. The JBSP arrangement should therefore be reviewed carefully if the couple marries or forms a civil partnership before completing the purchase.
Planning an exit from a JBSP mortgage
Couples should consider from the outset how the arrangement might end. The intention may be for the sole owner to remortgage in their own name once their income increases. Alternatively, the supporting borrower might be added as an owner later.
Neither outcome is guaranteed.
Removing a supporting borrower will require the lender to be satisfied that the remaining borrower can afford the mortgage alone. Adding the supporting borrower to the ownership may require:
- the existing lender’s consent;
- a new mortgage application;
- legal work;
- a property valuation; and
- a fresh SDLT assessment.
Taking responsibility for part of the outstanding mortgage can count as chargeable consideration for SDLT purposes when an interest in the property is transferred.
A JBSP mortgage can be useful, but it should be considered as a long-term legal and financial commitment rather than simply a way to obtain first-time buyer tax relief.
What is different in Wales?
Property purchases in Wales are subject to Land Transaction Tax rather than Stamp Duty Land Tax.
The tax rates, thresholds and reliefs are determined separately by the Welsh Government and may differ from those applying in England. Buyers should not rely on English SDLT calculations when purchasing a Welsh property.
The concepts of joint tenants and tenants in common also apply in Wales, and the 2026 cohabitation consultation covers England and Wales. However, a Welsh conveyancer should advise on the purchase, ownership arrangements and applicable Land Transaction Tax.
Any joint borrower/sole proprietor arrangement for a Welsh purchase should be considered under the Welsh Land Transaction Tax rules rather than the English SDLT rules.
What is different in Scotland?
Scotland has its own legal system, conveyancing process and property tax. Property purchases are subject to Land and Buildings Transaction Tax rather than SDLT. Scottish property law also uses different terminology and rules for joint ownership, survivorship and cohabitants’ rights.
Cohabitants in Scotland already have certain statutory rights under Scottish legislation, so the legal position should not be assumed to be the same as in England and Wales.
Couples buying in Scotland should take advice from a Scottish solicitor and use the current Scottish tax rules. Any joint borrower/sole proprietor mortgage should also be considered alongside Scottish property and tax law.
How lenders assess a joint mortgage
For a joint mortgage, the lender will normally consider both applicants’ income, expenditure, credit histories and financial commitments.
This can become more complex where either applicant has:
- self-employed income;
- a short trading history;
- salary and dividends from a limited company;
- retained company profits;
- partnership income;
- income from more than one source;
- variable bonuses or commission;
- income received in a foreign currency; or
- a recent change in employment or business structure.
Different lenders use different methods to assess these income types. Some may rely on salary and dividends for a limited company business owner, while others may consider salary and a share of company profit.
Where the circumstances do not fit an automated assessment, a lender offering manual underwriting may be able to consider the supporting evidence in greater detail.
Manual underwriting does not relax the lender’s affordability, credit or property requirements, and it does not guarantee approval. It can, however, provide a more suitable assessment route for applicants whose income requires explanation.
What happens if you separate?
Separating does not automatically remove either person from the mortgage.
Until the mortgage is repaid or the lender formally releases one borrower, both applicants normally remain responsible for the debt. This remains the case even if one partner moves out or the couple privately agrees that only one person will make the payments.
The usual options include:
- selling the property and repaying the mortgage;
- one partner buying the other’s interest;
- transferring ownership and the mortgage into one name; or
- retaining the property jointly for an agreed period.
If one partner wants to keep the home, the lender will need to confirm that they can afford the mortgage alone. A transfer of equity may also require legal work and could create an SDLT liability where money is paid, or mortgage debt is assumed.
How the net sale proceeds are divided will depend on the beneficial ownership arrangements, any Declaration of Trust and the wider legal circumstances. If ownership is disputed, legal advice will be required, and court proceedings may sometimes be necessary.
For a JBSP mortgage, the supporting borrower remains liable for the mortgage until the lender formally releases them, even though they are not a legal owner of the property.
Protection if one partner dies or cannot work
A joint mortgage does not end when one borrower dies. The surviving borrower may remain responsible for the outstanding payments.
Depending on your needs, you may wish to consider:
- life insurance;
- critical illness cover;
- income protection; or
- other mortgage protection arrangements.
The appropriate cover will depend on your income, mortgage, employment benefits, health and existing financial arrangements.
Insurance does not guarantee that every claim will be paid. Cover is subject to the policy terms, exclusions and definitions, and premiums must be maintained.
Any protection arrangements should also be coordinated with your wills, property ownership and beneficiary nominations.
For a JBSP arrangement, particular care may be required because the supporting borrower may be liable for the mortgage without inheriting or owning the property.
How Sarah Grace Mortgages can help
At Sarah Grace Mortgages, we have more than 30 years’ experience helping couples understand their mortgage options, including applications involving complex or self-employed income.
We can:
- assess your combined borrowing position;
- explain how lenders may treat each applicant’s income;
- explore standard joint and JBSP mortgage options;
- identify lenders whose criteria suit your circumstances;
- help you prepare the required financial documents;
- liaise with accountants where income needs clarification;
- arrange appropriate mortgage and protection advice; and
- keep you, your estate agent and your solicitor updated throughout the application.
We cannot advise on property ownership, Declarations of Trust, cohabitation agreements, wills or tax. These matters should be discussed with an appropriately qualified solicitor or tax adviser.
Call us on 0203 6333 888 to discuss your mortgage requirements.
Frequently asked questions
Can an unmarried couple get a joint mortgage?
Yes. There is no requirement to be married or in a civil partnership. The lender will assess your combined income, expenditure, credit histories and financial commitments.
Are we each responsible for half of the mortgage?
No. Joint mortgage borrowers are normally jointly and severally liable. This means each person can be held responsible for ensuring the whole mortgage payment is made.
Do we have the same rights as a married couple?
No. Living together does not create a common-law marriage in England and Wales. Your rights will depend on property ownership, any legal agreements and the individual circumstances.
What is the difference between joint tenants and tenants in common?
Joint tenants have equal rights to the whole property, and the interest of a deceased owner passes automatically to the surviving owner.
Tenants in common hold distinct beneficial shares. Those shares can be equal or unequal and can be passed under each owner’s will.
Should we have a Declaration of Trust?
It may be appropriate where you are contributing different amounts, want to protect a gifted deposit or wish to record how sale proceeds should be divided. A solicitor should advise you and prepare the document.
Do we both need to be first-time buyers to receive SDLT relief?
For a standard joint purchase in England, every purchaser must meet the first-time buyer conditions. The property and intended occupation must also satisfy the requirements for relief.
Can we use both incomes while keeping First-Time Buyers’ Relief?
Potentially. A joint borrower/sole proprietor mortgage may allow the lender to consider both partners’ incomes while the eligible first-time buyer purchases the property in their sole name.
The first-time buyer must be the genuine sole legal and beneficial owner and satisfy all the conditions for relief. The supporting borrower will be responsible for the mortgage without automatically owning any part of the property.
Not every lender offers JBSP mortgages, and the legal, mortgage and SDLT implications should be reviewed before proceeding.
What happens if one partner currently owns or previously owned a property?
For a standard joint purchase, First-Time Buyers’ Relief will generally not be available if either purchaser has previously owned a qualifying residential property.
A JBSP mortgage may potentially allow the eligible first-time buyer to purchase as the sole owner while using the other partner’s income for affordability. This depends on the sole purchaser genuinely owning the property and satisfying all the conditions for relief.
If the other partner currently owns another property, the SDLT position should be confirmed by a conveyancer or tax adviser.
Does the supporting borrower own part of the property under a JBSP mortgage?
No. Being named as a mortgage borrower does not automatically make that person a legal owner.
The supporting borrower is responsible for the mortgage but will not normally be named on the title or automatically entitled to the property’s equity.
Can the supporting borrower be added as an owner later?
Potentially, subject to the lender’s agreement and the legal requirements at the time. The transfer may require a new mortgage assessment, conveyancing work and an SDLT calculation.
Can one partner take over a joint mortgage after separation?
Potentially, but the lender must agree. The remaining borrower will need to demonstrate that the mortgage is affordable in their sole name. Legal work, a property valuation and an SDLT assessment may also be required.
Have the 2026 cohabitation proposals become law?
No. The Government consultation closed on 14 August 2026, but the proposals have not become law at the time of writing.
Do the same rules apply in Wales and Scotland?
No. Wales uses Land Transaction Tax rather than SDLT, although its property ownership system has similarities with England.
Scotland has a separate legal system, different cohabitation rights and Land and Buildings Transaction Tax. Local legal and tax advice is essential.
Take the next step
Before making an offer, speak to our team about your combined borrowing position, whether a standard joint or JBSP mortgage may be suitable, and the documents you may need.
You should also speak to a solicitor about the most appropriate ownership structure, particularly if you are contributing unequal deposits, receiving financial help from family or considering a JBSP arrangement.
[Contact Sarah Grace Mortgages]
Important information
Your home may be repossessed if you do not keep up repayments on your mortgage.
Mortgage approval is subject to lender criteria, affordability checks, credit status and individual circumstances.
This article provides general information only and does not constitute legal or tax advice. For advice about ownership structures, beneficial interests, Declarations of Trust, cohabitation agreements, wills, separation or property taxes, consult an appropriately qualified solicitor or tax adviser.
Sarah Grace Mortgages Limited is authorised and regulated by the Financial Conduct Authority and is registered in England and Wales. Registered Number 09839864.
