Money Problem: 'My ex-boyfriend says he has equity in the home I own - does he have any rights?'

Every Saturday, we help a reader with their consumer issue or personal finance dilemma in our Money Problem series. You can send yours to moneyblog@sky.uk. Today, we answer this question from Alice...

"My ex-boyfriend of eight years keeps threatening to take legal action as he claims to have equity in my house. He moved in when the house was already mine so didn't contribute to the deposit. When he moved in, we split everything 50/50, including the mortgage. He would transfer his half to me but other than that, nothing was documented. Could he have any rights?"
Alice

Reporter Katie Williams takes a look at this, with help from an expert at Family Law Partners...

Unmarried couples who live together do not have the same automatic legal rights to each other's assets as married couples.

Read more news and tips in the Money blog

You may have heard of a "common law partner" or "common law marriage". The term is used widely - even on some official forms - and refers to people who live together but are not married. There's a common misconception that common law partnership grants legal rights equivalent to marriage, but this isn't the case.

As the person named on the title deed, you are the only legal owner of the property.

But your ex-boyfriend could establish a beneficial interest in your home, which you shared for a period of time.

Beneficial interest gives someone the right to a share of any rental income or proceeds when it is sold - or even to live in the property.

Lauren Heathcote, senior associate solicitor with Family Law Partners, explains how this could be done...

"Without anything being formally documented, to do that he would need to prove to a court that you both held a common intention that he would have a share of your property, or that you led him to believe he had a beneficial interest, and that as a consequence he significantly altered his position."

As nothing was documented, Lauren says, it's assumed there is no evidence of an express agreement, arrangement or understanding that he would have a share of the property, for example in emails or text messages, or in conversations that took place between you.

"If so, this is helpful. If you have any documents like this or memories of conversations in which you made it clear to him that the property was yours and you never intended for him to have a share in it, this could also be helpful," she says.

Another way for your ex-boyfriend to establish beneficial interest is through something called a constructive trust, a legal mechanism designed to ensure fairness to someone who is not the legal owner but has contributed physically or financially to it.

Lauren explains that financial contributions towards things like renovations or mortgage repayments (particularly capital repayments), particularly where resources are pooled, could lead a court to conclude an intention that he would acquire a share in the property.

"You say you split everything 50/50 and he would transfer his half to you.

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"I assume this means that you paid the mortgage repayments from an account in your sole name. If you did not specifically identify his contributions as being towards the mortgage, this could be helpful.

"Contributions towards other general household expenses (such as utility bills) are usually not enough on their own. If it was affordable for you to pay the mortgage without his assistance, this may also help your case," she adds.

If your ex does press on with legal action, he could apply to the court for a declaration of your beneficial interest in the property, and if the court agrees he is entitled to a share, he could order a sale of the property, explains Lauren.

"You would have an opportunity to defend the claim against you and the court would need to decide the case by looking at your stated positions, all the evidence available to it, and all the circumstances."

Court proceedings like this can be lengthy - and expensive.

Whoever is unsuccessful could have a cost order made against them - an instruction by the court to pay the legal expenses of the other side.

This makes the risk of court action higher for both of you.

"If he continues to threaten legal action, you could ask him if he is willing to use some type of non-court-based resolution to try to resolve matters, such as mediation," Lauren continues.

"This can be a more efficient and cost-effective way of reaching an agreement, avoiding the lengthy delays and significant costs of court proceedings."

This is a complex area of law and it's best to seek legal advice on your specific situation from a solicitor who specialises in cohabitation and property disputes as soon as possible to find out your options.

While this won't affect you, Alice, we should mention the government has consulted on giving unmarried partners more rights after three years.

This could give them the right to some assets if their basic needs aren't met after a break-up.

(c) Sky News 2026: Money Problem: 'My ex-boyfriend says he has equity in the home I own - does he have any rights?'