Buying a home together is one of the biggest financial commitments you and your partner may ever make. When you are married, or in a civil partnership, the law sets out what happens should the relationship ever break down; but if you are not married, that framework does not exist.

Whose name should the property be in?

One of the first and most important decisions when buying a property is deciding whose name, or names, the title deeds should be registered in. If the property is bought in one name only, that person owns it. The other partner has no ownership share, however much they contribute towards the mortgage or the bills in the years that follow.

If it is bought in joint names, you own it as common property in whatever proportions the title says. Most couples take equal one-half shares, which matters where deposits are unequal. If one of you puts in a £40,000 gift from parents and the other puts in nothing, equal shares mean half of that gift has effectively been given away the moment the deed is signed.

Title can be taken in unequal shares, 70/30 for example, to reflect what each of you has actually put in. Your solicitor will talk the options through and record whichever arrangement matches your intentions.

What is a 'survivorship destination'?

Survivorship destination is a clause in the title providing that if one owner dies their share passes automatically to the survivor. It can look like a useful safety net, because an unmarried partner has no automatic right to inherit anything at all, as explained in Unmarried in Scotland? You May Have No Inheritance Rights. However, it comes with a catch. A survivorship destination can be difficult to unpick later, particularly if you separate, and it cannot always be overridden by a Will.

Who is responsible for the mortgage?

If you take out a joint mortgage, you are each liable for the whole of it, not for half each. If your partner stops paying, the lender can pursue you for the full balance. Separating does not change that, and coming off a joint mortgage needs the lender’s agreement, which usually means a remortgage or a sale.

Check the tax position too. If either of you has owned a home before, first time buyer relief from Land and Buildings Transaction Tax is lost for the whole purchase, and the Additional Dwelling Supplement may apply. 

Paris Steele does not provide mortgage advice in house, but we may be able to help you find an advisor: Request mortgage advice.

Is there an agreement we should put in place first?

A cohabitation agreement, recorded as a Minute of Agreement, is worth considering before you buy.

It can record who contributed what amount to the deposit and whether those sums are reimbursed on sale. The agreement can also state how the mortgage and bills are split, and what happens to the property if you separate.

Each of you should take independent advice first as, once signed and registered in the Books of Council and Session, it is binding. 

What happens if we separate?

There is no such thing as a common law marriage in Scotland. There is no pooling of matrimonial property and no presumption that everything should be shared between you.

A former cohabitant can ask the court for a capital sum if they can show that their ex-partner benefited financially or in some other way because of their contributions. Equally, that person may have suffered an economic disadvantage in their partner’s interests. Contributions could be financial or non-financial, so years of unpaid work renovating a property, or giving up earnings to look after a family, can count.

You should note that this is compensation rather than a division of assets, and awards tend to be modest compared with what a spouse might expect on divorce. It does not rewrite the title either. If the house is in your former partner’s sole name, a successful claim gets you a payment, not a share of the house. Where you own jointly and cannot agree what to do, either of you can raise an action of division and sale.

Does it matter how long we lived together?

Length of relationship is one of the factors a court weighs when deciding whether you were cohabiting at all, and a longer relationship usually means larger contributions and a stronger claim.

However, the timing that really matters is the deadline. An application to the court must be made within one year of the date you stopped living together. That limit is strict and the court has no discretion to allow a late claim, which makes it the most common reason cohabitants lose out entirely. If you are separating, take advice early.

It is worth noting that reformation of the rules has been under discussion for some years, with the Scottish Government consultation on the Scottish Law Commission’s recommendations closing in April 2026. Nothing has changed yet, so the one-year deadline still applies.

What if you have children?

Children do not give either unmarried parent a right in the property and do not create a claim to the family home. What children affect is a separation claim.

Where there are children of the relationship, the court can order one former cohabitant to make a payment towards the economic burden of caring for any child under the age of 16 after separation. Child maintenance itself is separate and normally dealt with through the Child Maintenance Service.

One practical point is worth knowing. Where the home is in one parent’s sole name, the other has no automatic right to remain there, even with the children living with them. A cohabitant not on the title can apply to the court for occupancy rights, but those are only granted for up to six months at a time.

Speak to Paris Steele, Solicitors and Estate Agents in East Lothian

Because Paris Steele handles both residential property and family law under one roof, we can advise you on how the title should be held, and on any agreement behind it at the same time.

Whatever you decide about ownership and the title, both parties should make a Will. A Power of Attorney is also worth putting in place, since the right to act for your partner if they lose capacity is not automatic.

If you are buying with your partner, or separating and want to know where you stand, get in touch to arrange an appointment at our North Berwick or Dunbar office. Call North Berwick on 01620 892138 or Dunbar on 01368 862746.

This article is provided for general information purposes only and is not intended to constitute legal advice. The information contained in this article is accurate to the best of our knowledge as at the date of publication. As laws, regulations, guidance, and other relevant information may change over time, the content of this article may no longer reflect the current position.

The information contained herein may not apply to your specific circumstances and should not be relied upon as a substitute for professional legal advice.

If you require advice about your own situation, we recommend that you seek advice from a qualified solicitor. If you would like to discuss your circumstances or find out how we may be able to assist, please do not hesitate to contact our team for advice tailored to your individual needs.