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Property 10/11/2005
Civil partnership will give same-sex couples exactly the same property and taxation rights as married mixed-sex couples. Spouses and civil partners have the right to a share of property and may get a lump sum on divorce.
This gives same-sex couples who choose to get a civil partnership a firm legal claim on matrimonial property (or "partnership property" for civil partners). This includes property owned in common or jointly, and also all property owned by either spouse that was acquired during the marriage or civil partnership (strictly speaking, it excludes gifts – or bequests – made to your spouse). It can also include property such as a house and furnishings acquired in anticipation of civil partnership.
If a same-sex couple are living together in a home that belongs to just one of them (sole ownership), and they get a civil partnership, the partner won’t become half-owner of their home.
A civil partner will have a legal right of residence, even though their home is in their partner’s name only, and may continue to have a right of residence if the owner sells their home without their consent; and can (but doesn’t have to) make mortgage payments which the bank or building society who hold the mortgage are bound to accept. If the owner dies without making a will, the non-owning partner has a right to a share of the home in which they both lived.
The owner can transfer the home into both their names, but stamp duty will have to be paid on the transfer. If the home in which both partners live is in both their names, then both partners become equally responsible for the whole of the mortgage.
If a same-sex couple are living together in rented accommodation, and the tenancy agreement is in the name of one partner only, civil partnership gives a possible right of succession to the partner whose name does not appear on the tenancy agreement.
If either of the couple have dependent children, and the home in which the couple live is the children’s main or only home, then the children may also have a right not to be evicted from their home if the couple split up: this could be the case even if only one of the couple has parental rights and responsibilities, and is the non-owning partner or whose name doesn’t appear on the tenancy agreement.
The Equality Network strongly recommends consulting a solicitor or financial advisor. Housing rights and law are the same for couples in a civil partnership as for married couples.
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