LGBTQ+ Couples Buying a Home Together: What Instructions Should You Give Your Conveyancing Solicitor About Joint Ownership?

Purchasing a home together is one of the most significant financial commitments a couple can make. For LGBTQ+ couples, whether married, in a civil partnership, or cohabiting, it is important to consider not only the excitement of home ownership but also the legal and financial implications of how the property will be owned.

Many buyers focus on mortgages, surveys, and moving arrangements, but one of the most important discussions to have with your conveyancing solicitor is how the property will be held in joint ownership.

Making informed decisions at the outset can help avoid uncertainty, disputes, and costly legal issues in the future.

Why Ownership Structure Matters

When two people purchase a property together, they must decide how they wish to own it legally and beneficially.

Your choice can affect:

• What happens if one owner dies
• How proceeds are divided if the property is sold
• The outcome if the relationship ends
• Protection of unequal financial contributions
• Inheritance planning
• Future financial arrangements

Your conveyancing solicitor cannot assume how you wish to hold the property and will require clear instructions from you.

Joint Tenants or Tenants in Common?

One of the first questions your solicitor will ask is whether you wish to own the property as Joint Tenants or Tenants in Common.

Joint Tenants

Joint tenants own the whole property together rather than separate shares.

If one owner dies, their interest automatically passes to the surviving owner through the “right of survivorship,” regardless of the terms of any Will.

This arrangement is often chosen by:

• Married couples
• Civil partners
• Couples making equal financial contributions
• Those who wish the surviving partner to inherit automatically

While simple and effective in many circumstances, it may not be suitable for every couple.

Tenants in Common

Tenants in common own distinct shares in the property.

These shares can be:

• Equal (50/50)
• Unequal (for example 60/40 or 70/30)

Each owner’s share forms part of their estate upon death and can be left to beneficiaries under a Will.

This arrangement is often appropriate where:

• One partner contributes a larger deposit
• Contributions to mortgage payments are unequal
• Family wealth is being protected
• There are children from previous relationships
• The couple wishes to preserve flexibility in estate planning

Discussing these issues with your conveyancing solicitor before exchange of contracts is essential.

Be Clear About Financial Contributions

LGBTQ+ couples, like any other couple, may contribute differently towards the purchase of a property.

Examples include:

• One partner providing the entire deposit
• Assistance from family members
• Unequal mortgage contributions
• Contributions towards renovations and improvements

If contributions are unequal, your solicitor should be informed from the outset.

Failing to document intentions properly can lead to disputes if the property is later sold or the relationship ends.

Consider a Declaration of Trust

Where contributions are unequal, a Declaration of Trust can provide important protection.

A Declaration of Trust is a legally binding document that records:

• Ownership shares
• Deposit contributions
• Mortgage payment arrangements
• Future sale arrangements
• How equity should be divided

For LGBTQ+ couples purchasing together for the first time, this can provide reassurance that both parties’ financial interests are properly protected.

Your conveyancing solicitor can prepare this document alongside the purchase transaction.

Think About What Happens if One of You Dies

Many couples are surprised to discover how property ownership can affect inheritance.

If you own as joint tenants, ownership usually passes automatically to the surviving owner.

If you own as tenants in common, your share passes according to your Will or the rules of intestacy if no Will exists.

For unmarried couples, relying on the intestacy rules can create significant complications because cohabiting partners do not automatically inherit in the same way as spouses or civil partners.

It is therefore sensible to discuss Wills and estate planning when purchasing a property together.

Cohabiting LGBTQ+ Couples Need Additional Protection

Although marriage equality and civil partnerships provide important legal protections, many LGBTQ+ couples choose to live together without formalising their relationship.

Unmarried couples do not enjoy the same financial remedies on separation as married couples or civil partners.

If you are purchasing a property together while cohabiting, you may wish to consider:

• A Declaration of Trust
• A Cohabitation Agreement
• Updated Wills
• Lasting Powers of Attorney

Together, these documents can help provide clarity and protection for the future.

Questions to Discuss Before Instructing Your Solicitor

Before your conveyancing transaction begins, consider discussing the following:

• How much is each person contributing towards the deposit?
• Will mortgage payments be shared equally?
• Do you want equal or unequal ownership shares?
• Should a Declaration of Trust be prepared?
• What should happen if the property is sold?
• What should happen if one owner wishes to move out?
• How should ownership be dealt with if one partner dies?

Having these conversations early can make the conveyancing process smoother and help ensure your solicitor receives clear instructions.

How a Solicitor Can Help

A solicitor does much more than manage the legal transfer of property.

They can advise on:

• Joint ownership structures
• Declarations of Trust
• Cohabitation agreements
• Wills
• Protecting unequal contributions

Obtaining tailored legal advice before completion can help ensure your property ownership reflects your intentions and protects your interests.

Buying a property together is an exciting step for any LGBTQ+ couple. However, taking the time to consider how the property should be owned can provide valuable protection for the future.

By giving clear instructions to your conveyancing solicitor regarding ownership shares, financial contributions, and future intentions, you can help avoid uncertainty and ensure your investment is protected.

If you are purchasing a property with your partner, our conveyancing and family law teams can provide practical advice tailored to your circumstances and help you make informed decisions from the outset.