Cohabitation in England and Wales: What Are Your Rights?

Living with your partner without getting married or entering into a civil partnership is increasingly common. Many couples buy homes together, have children, share finances and build their lives together without ever marrying.

However, one of the most common misconceptions is that couples who live together for many years automatically have the same legal rights as married couples.

Unfortunately, this is not true.

In England and Wales, “common law marriage” does not exist. This means that, no matter how long you have lived together, you do not automatically gain the same legal protections as a married couple or civil partners. This can come as an unwelcome surprise if a relationship breaks down or if one partner dies.

This article explains the common misconceptions around cohabitation, what rights unmarried couples may have, the potential changes being considered by the Government and the practical steps couples can take to protect themselves.

What is cohabitation?

Cohabitation usually refers to a couple living together in a relationship without being married or in a civil partnership.

Cohabiting couples may share a home, have children together, contribute to household bills and make long-term plans. However, their legal position is very different from that of married couples or civil partners.

This difference matters because the law does not automatically divide assets between unmarried partners in the same way it can during divorce or dissolution of a civil partnership.

Why does this matter?

Many people assume that if they have lived with a partner for several years, shared finances or had children together, the law will treat them in the same way as a married couple.

In reality, the law takes a very different approach.

When married couples divorce, the court has wide powers to divide assets and make financial orders. For unmarried couples who separate, there is no equivalent legal framework. Instead, disputes are often dealt with through property and trust law, which can be complex and may not always produce the outcome one partner expects.

Understanding your legal position before problems arise can help you avoid uncertainty, stress and costly disputes in the future.

What happens if unmarried couples separate?

When unmarried couples separate, each person’s legal rights will depend on the circumstances.

If you own a property together, the starting point is usually the legal ownership recorded at the Land Registry. However, ownership is not always as straightforward as it may appear.

Property disputes between unmarried couples are commonly dealt with under the Trusts of Land and Appointment of Trustees Act 1996, often referred to as TOLATA. Rather than deciding what is fair in the same way as a divorce court, the court considers matters such as what the parties intended when the property was purchased and whether either person has acquired a beneficial interest in the property.

This can involve looking closely at financial contributions, discussions between the parties, written agreements and conduct during the relationship.

What if the property is owned in joint names?

If a home is purchased in joint names, there is usually a starting assumption that both owners have an equal beneficial interest. However, this assumption can sometimes be challenged if there is evidence that the parties intended something different.

Several important court decisions have helped clarify this area of law.

In Stack v Dowden [2007] UKHL 17, the House of Lords confirmed that where a home is purchased in joint names, there is usually a presumption that each owner has an equal beneficial interest unless evidence shows otherwise.

The Supreme Court expanded on this in Jones v Kernott [2011] UKSC 53, confirming that the court may look at the parties’ conduct throughout the relationship when deciding what share each person owns.

More recently, the Court of Appeal considered Hudson v Hathway [2022] EWCA Civ 1648, where emails exchanged after the relationship ended were sufficient to demonstrate an agreement about ownership of the property. This highlights how even informal written communications can have important legal consequences.

Every case depends on its own facts, which is why specialist legal advice is often important.

What if only one partner owns the home?

If the property is owned solely by your partner, you will not automatically acquire a share simply because you have lived there or contributed towards household expenses.

In some situations, you may be able to establish a beneficial interest if you can show that there was a clear understanding between you and your partner that you would have a share in the property, or if you made significant financial contributions.

These claims can be complex and often depend on detailed evidence. That is why it is sensible to discuss ownership arrangements before purchasing a property together or moving into a property owned by one partner.

What if you have children together?

Although unmarried couples have fewer financial claims against each other, the law places children’s welfare first.

Child maintenance is usually dealt with by the Child Maintenance Service. In addition, the court has powers under Schedule 1 to the Children Act 1989 to make financial provision for the benefit of a child.

Depending on the circumstances, this could include providing accommodation for the child, lump sum payments or assistance with education and other expenses.

These applications are made for the benefit of the child rather than the parent.

What happens if your partner dies?

Inheritance is another area where many cohabiting couples face unexpected difficulties.

If your partner dies without leaving a valid Will, you do not automatically inherit their estate under the intestacy rules, regardless of how long you have lived together.

In some cases, a surviving partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, this can involve costly court proceedings and is by no means guaranteed.

Preparing a professionally drafted Will is one of the simplest and most effective ways to ensure your assets pass to your partner if that is what you want, particularly if you are unmarried.

Can cohabiting couples protect themselves?

Yes. Although the law currently offers limited protection for cohabiting couples, there are practical steps you can take.

A cohabitation agreement allows couples to record how they intend to manage finances during the relationship and what should happen if they separate.

If you are purchasing a property together, a Declaration of Trust can clearly record each person’s financial interest from the outset. This can help reduce the risk of future disagreement about who owns what share of the property.

It is also sensible to review your Will, pension nominations and life insurance arrangements regularly to ensure they reflect your wishes.

Taking legal advice early is often significantly less expensive than resolving a dispute after a relationship has broken down.

Is cohabitation law changing?

The issue of cohabitation reform has received considerable attention in recent years.

In June 2026, the Government launched its consultation, A Fairer End to Relationships, seeking views on whether qualifying cohabiting couples should receive greater legal protection when relationships end.

This is one of the most significant proposed reforms in recent years. However, it is important to remember that a consultation does not change the current law. The law can only change when Parliament introduces new legislation.

Until then, the existing legal position remains in place for unmarried couples.

How can Martin Tolhurst Solicitors help?

Every family is different, and no two relationships are the same. Obtaining early legal advice can help you make informed decisions and avoid unnecessary disputes.

Our experienced Family Law team understands that relationship issues can be emotional and complex. We can provide clear, practical advice tailored to your individual circumstances, helping you understand your rights and the options available to you.

If you would like advice about cohabitation, separation, property ownership, children arrangements or any other family law matter, please contact our Family Law team to arrange an appointment.

FAQs

Do unmarried couples have the same rights as married couples?

No. Unmarried couples do not automatically have the same legal rights as married couples or civil partners in England and Wales. This applies even if they have lived together for many years or have children together.

Does common law marriage exist in England and Wales?

No. “Common law marriage” does not exist in England and Wales. Living together for a long time does not automatically give cohabiting couples the same rights as married couples.

What happens to the house if unmarried couples separate?

This depends on how the property is owned and what each person’s legal or beneficial interest is. If the property is jointly owned, the Land Registry record is usually the starting point. If there is a dispute, the court may consider evidence of the parties’ intentions, contributions and conduct.

What if only one partner owns the property?

If only one partner owns the property, the other partner does not automatically gain a share simply by living there. In some cases, they may be able to claim a beneficial interest, but this will usually depend on evidence of an agreement, understanding or significant financial contribution.

Can a cohabiting partner inherit if there is no Will?

A cohabiting partner does not automatically inherit under the intestacy rules if there is no valid Will. They may be able to bring a claim in some circumstances, but this can be costly, stressful and uncertain.

What is a cohabitation agreement?

A cohabitation agreement is a legal document that sets out how a couple intends to manage finances, property and other arrangements while living together and what should happen if they separate.

Do we need a Declaration of Trust?

If you are buying a property together, a Declaration of Trust can clearly record each person’s financial share in the property. This can be particularly useful where one person is contributing more towards the deposit, mortgage or other costs.

Should cohabiting couples make a Will?

Yes, it is sensible for cohabiting couples to make or review their Wills. This is especially important because unmarried partners do not automatically inherit from each other if one partner dies without a valid Will.

Is the law on cohabitation changing?

The Government launched a consultation in June 2026 looking at potential reform for cohabiting couples. However, the consultation itself does not change the current law. Any legal change would need to be introduced through legislation.