My partner and I have been living together for five years, but we are not married. Am I entitled to half our house if we separate? Jane Denton, of This is Money, replies: Broadly speaking, if the property is owner-occupied and you and your partner are both on the title deeds, it means you both own your home but what happens if you split depends on the ownership situation.You may both own the whole property together, known as a joint tenancy. Or you might own the property in joint names but you each own a specific share of its value, known as tenants in common. If you are tenants in common your shares might be equal, for example, half each, or unequal.If you cannot agree what happens to the property, you would need to go to mediation. If needed, a court could also decide what happens to the property and who gets what. If a property is owned solely by one partner, that person generally has the legal right to the whole property, though there are exceptions. A government consultation on unmarried couples is underway which could mean that when couples separate, individuals could gain access to a share of a house sale. Nothing has been confirmed or decided yet. We asked two experts to explain the scenario for you. Looking ahead: A This is Money reader wants to know what happens to a property if she splits with her partnerLauren Preedy, a partner and family solicitor at Amicus Law, says: This is not a simple question to answer. It is different depending on whether you are cohabiting or are married or in a civil partnership and whether you have children.The law for cohabitants is currently in consultation by the government. If it becomes legislation, the proposals suggest that cohabiting couples will have some rights that are the same as married couples. Lauren Preedy is a partner and family solicitor at Amicus LawThis change could take several years to pass and does not protect today’s cohabiting partners who do not currently gain any rights by simply living with someone. By contrast, married people do gain rights in law whether your name is on the property or not.There are two common scenarios I see with non-married couples, these include:Non-married cohabiting couples where the house is in one partner’s nameThere is no automatic entitlement to a share of the asset at the end of the relationship or in death. The concept of a 'common law' partner does not exist; it is an urban myth. You should take legal advice about whether you have any right to stay in the property, as you may have to leave immediately at the end of the relationship.Non-married cohabiting couples with a house in their joint namesYou have a legal right to occupy the property and your share of the property will depend on what the legal title says with the Land Registry. You may be a 50 per cent owner or there could have been other shares in place at the time you purchased the property.However, there is also a legal principle called 'beneficial ownership' which recognises that a person may have an interest in a property even if they are not named as the legal owner. Factors such as personal agreements, financial contributions or other circumstances that demonstrate an intention to share ownership can be considered by a judge. If you have children together, a judge can award assets purely to protect the welfare of the children, regardless of shares in place or which partner is on the Land Registry.This is very complex law. My advice is to take legal advice now to help you to understand which part of the legislation applies to you.Couples should always consider a cohabitation agreement.Ideally, cohabitation agreements should be agreed before living with a partner, however they can be set up at any time. They help to avoid uncertainty and can be particularly important if there are pre-existing assets to protect.Don't wait for the law to change...Marie Kilgallen, a partner and family law specialist at Irwin Mitchell, says: More than three million couples in the UK now live together without marrying and have limited legal protection. As cohabitation becomes increasingly common, we are seeing a year-on-year rise in enquiries from people seeking legal advice – so you’re not alone.Many people in your situation are surprised to find out that there is no such thing as common-law marriage, and the reality is that while more couples are building lives and acquiring assets together, cohabitation does not come with the same legal protections available to couples who are married or in a civil partnership. Marie Kilgallen is a partner at Irwin MitchellThis means that when a cohabiting relationship breaks down, or one partner dies, the surviving partner has few automatic rights, and disputes over property and finances can be complex and difficult to resolve.The UK Government recently launched a consultation proposing a new legal framework for cohabiting couples. However, these remain proposals only, and there is no guarantee they will become law.Under the proposed reforms, cohabiting couples who meet certain criteria – for example, living together for a minimum period or having a child together – could become eligible to make financial claims if their relationship ends. However, while these proposals are significant, they remain deliberately narrow. As a result, proactive planning remains essential in your situation, on the basis that no comprehensive safety net currently exists.Whether or not you are entitled to a share of the house depends on various factors including whose name the house is in, what financial contributions have been made, whether there is evidence of an intention to have a share in the house and whether or not there is a Declaration of Trust or Cohabitation Agreement.If owned in both names whether your home is held as joint tenants or as tenants in common can also have significant consequences, particularly on separation or death.A Declaration of Trust can also provide clarity, particularly where contributions to housing are unequal. A Cohabitation Agreement is the most effective tool for achieving certainty. It is a private arrangement and can document the parties’ intentions as to ownership of property, savings and investments, set expectations around financial contributions, and establish what should happen if the relationship ends. Such agreements are generally enforceable under the laws of England and Wales when properly prepared.The current government consultation, which aims to provide a degree of protection for cohabiting couples while maintaining a clear distinction between cohabitation and marriage or civil partnership, also examines inheritance rights. The proposals would make it easier for surviving partners to seek financial provision from their late partner’s estate and may even introduce limited automatic rights in certain circumstances. If implemented, this would represent a significant change to the current law.In your situation, making a will is critical. Many people are surprised to learn that unmarried cohabiting partners do not automatically inherit from one another. A valid will allows you to provide for your partner directly and reduces the likelihood of costly and uncertain legal disputes.Finally, I would encourage you and your partner to review your pensions, life insurance policies and asset ownership more broadly to ensure arrangements reflect current intentions and are clearly documented. These arrangements can be just as important as properly documenting property ownership and making a valid will when it comes to protecting a surviving partner financially on death.Ultimately, while there is clear momentum for reforming the law in this area, this is still evolving and likely to offer only limited protection. Until new laws are introduced, cohabiting couples should not rely on the prospect of future legislation and would be well advised to put appropriate legal and financial safeguards in place at the time of purchase of a property or at the start of a relationship and should not assume that living together creates an entitlement to share assets.Best mortgage rates and how to find them Mortgage rates have shot up again due to inflation triggered by the conflict with Iran reversing hopes that the Bank of England would cut rates. 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