If you own your property with someone else (whether a spouse, family member, friend or otherwise) then you may find it useful to read our article – How do you own your Property and why does it matter? – this will elaborate on the way your property could be held (Joint Tenants or Tenants in Common) and the implications this has on making decisions on the property, who (and IF!) you can leave it to someone of your choosing in your Will and whether, or how much, Inheritance Tax is or will be payable.

In this article, I will be looking at property that you legally own alone but that you share with someone else, a spouse, partner, loved one or friend and whether they have any entitlement to the property.

Someone may well assert an entitlement to your property upon the breakdown of a relationship, when a property is sold or upon your passing even when they have not made any financial contribution to the mortgage or where they have (or have not) made any contribution towards utilities, maintenance and the upkeep of the property.

If you are sharing a property with ANYONE, no matter how great the relationship is and no matter how much you trust that person…having something in writing that clearly sets out each person’s legal entitlement is definitely the most sensible way forward.

If you are sharing, or cohabiting, a property with someone that has no beneficial interest (share or financial interest) in the property, this should be put in writing to prevent any future issues.