Should I have my name on the title deeds?

By Katarina Morgan

Senior Associate Solicitor & CEDR Accredited Mediator

28 January 2026

Blog News

Buying a property is likely to be the biggest purchase you make. As more people move towards co-owning property (specifically unmarried couples, bank of Mum and Dad, commercial properties), it’s important to consider whether you should have your name on the title deeds or not. (This article does not cover marriage or civil partnerships.)

From experience, there is a misconception about co-ownership of property; many people still believe that common-law marriage exists or that financial contributions towards a property do not count for anything if your name isn’t on the deeds. To debunk the myths, neither of these are true.

When you own a property, you do so legally and/or beneficially. The legal owner is the person(s) on the title deeds, whereas a beneficial owner holds a share of the equity. Sometimes they are the same person(s), and sometimes they are not.

When two or more parties buy a property together, they may want to record their intentions of how that property will be held legally and/or beneficially at the time of purchase; this can be done by a declaration of trust and/or registering those owners on the title deeds. The circumstances will determine what is best for the parties.

So, do you need to have your name on the title deeds? In short, no – however if you don’t, it follows that you are not a legal owner, but you may hold a share of the beneficial ownership. For example, if you contributed towards the purchase of the property, have paid the mortgage or have made financial payments for its betterment (e.g. renovations), you are likely to hold a share of the equity.    

In the event of a dispute, not having your name on the title deeds will usually lead to arguments regarding beneficial ownership (absent of a declaration of trust to record the parties’ intentions). The starting point is that equity follows the law; if one person has their name on the deeds and the other does not, it follows that that person owns 100% of the beneficial ownership. It will therefore be for the other to rebut that presumption and demonstrate how they own a share of the beneficial ownership and in what proportions.

If the parties have a declaration of trust in place, then this documents their intentions at the time the trust deed was created, although that position may have since changed. However, if there is no declaration of trust, then that party will need to prove the parties’ intentions at the point of purchase and thereafter, whether they made financial contributions, in what proportions and over what period. The parties may also have made promises to each other over time for example, that the party not registered on the title deeds would have a share of the property in the future. There is a substantial amount that can be considered here.

On the other hand, it may not be in your interest to have your name on the title deeds of a property, for example, due to estate planning or tax reasons; parents helping their children get on the property ladder may not want their name on the deeds. Again, it all boils down to the circumstances at the point of purchase.  

This area of law is complex and heavily fact reliant. Commonly, disputes of this nature arise many years after the property has been purchased, which could make the recollection of events and/or the parties’ intentions difficult. Emotions also pay a key factor too, particularly if there has been a breakdown in a relationship.

The upshot is: always take legal advice if you are considering buying a property with someone. A suggestion would be to record the intentions (ideally at the time of purchase but it can be done retrospectively) by entering into a declaration of trust.

This is the part 1 of a series of 4 mini-articles covering TOLATA (Trusts of Land and Appointment of Trustees Act 1996)

If you wish to discuss any of the issues highlighted in this article, please contact a member of our team here.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.