Cohabitation rights in England and Wales: What every unmarried couple should know

Millions of couples in England and Wales live together without marrying or entering into a civil partnership. Many believe that living together for a certain number of years gives them the same legal rights as a married couple.

That belief is incorrect.

There is currently no legal status of “common-law husband”, “common-law wife” or “common-law marriage” in England and Wales. It does not matter whether a couple has lived together for two years, ten years or several decades.

The legal rights of cohabiting couples remain significantly different from those of spouses and civil partners.

What is a cohabiting couple?

Cohabitation generally describes a couple who live together in an intimate relationship but are not married or in a civil partnership.

Cohabiting partners may own a home together, share household expenses, raise children or operate a business. However, the existence of a long-term committed relationship does not automatically create the same financial rights that arise through marriage or civil partnership.

The Government estimates that approximately 3.5 million couples live together without marrying or entering into a civil partnership. It also reports that almost half of people in England and Wales mistakenly believe some form of common-law marriage exists.

Do unmarried partners have rights to each other’s property?

Not automatically.

When a married couple divorces, the family court has broad powers to redistribute assets and make financial orders. It may consider the couple’s income, property, pensions, needs, contributions and the welfare of any children.

There is no equivalent overarching framework when an unmarried couple separates.

Property disputes between cohabitants are generally determined by ordinary property and trust law, including the Trusts of Land and Appointment of Trustees Act 1996.

The starting point will often depend on:

• whose name appears on the legal title;
• how the property was purchased;
• what each party contributed;
• whether there is a declaration of trust;
• what the parties agreed or intended; and
• whether a beneficial interest may have arisen.

These cases can be legally and factually complex. Living in a property, paying household bills or carrying out improvements does not automatically give someone an equal share of it.

What happens if the home is in one partner’s name?

Where a property is registered in only one partner’s name, the other partner does not automatically acquire ownership simply because they lived there or contributed to the relationship.

The non-owning partner may be able to argue that they have a beneficial interest, but this usually requires evidence of an agreement, shared intention or qualifying financial contribution.

Relevant evidence may include:

• bank statements;
• mortgage payments;
• payments towards the deposit;
• written messages;
• emails;
• records of discussions;
• renovation invoices; and
• evidence of how the couple arranged their finances.

The outcome is highly dependent on the circumstances. Anyone contributing towards a property they do not legally own should obtain advice before making a substantial payment.

What happens to a jointly owned home?

Where both partners are registered as owners, the legal position may depend on whether they hold the property as joint tenants or tenants in common.

Joint tenants normally own the property together without defined individual shares. If one joint tenant dies, their interest will generally pass automatically to the surviving owner through the right of survivorship.

Tenants in common can hold separate shares, which may be equal or unequal. Their respective shares can be recorded in a declaration of trust.

A declaration of trust can provide clarity about:

• the amount each person contributed;
• the percentage each person owns;
• responsibility for mortgage payments and expenses;
• what happens if one person wants to sell;
• how improvements will be treated; and
• how sale proceeds will be divided.

Without clear documentation, disagreements can become expensive property disputes.

Can one partner claim maintenance after separation?

Unlike a spouse following divorce, a former cohabiting partner does not generally have a right to claim ongoing maintenance for themselves solely because the relationship has ended.

Claims may be available in relation to children, including child maintenance and, in some cases, financial provision under Schedule 1 of the Children Act 1989.

However, financial provision for a child is not the same as financial support for the former partner. The court’s focus will be the child’s needs.

Do cohabiting partners inherit automatically?

Under the current law, an unmarried partner does not usually inherit automatically where the other partner dies without a valid will.

This can have severe consequences. The surviving partner may have lived with the deceased for many years but could still receive nothing under the intestacy rules.

Depending on the circumstances, a surviving cohabitant may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, such a claim is not automatic and may involve court proceedings, cost and uncertainty.

Making a properly drafted will is therefore particularly important for unmarried couples.

Couples should also review:

• property ownership;
• pension nominations;
• life-insurance beneficiaries;
• death-in-service benefits; and
• jointly held accounts and assets.

Is the law on cohabitation going to change?

The Government launched a major consultation in June 2026 concerning financial arrangements when relationships end. It includes proposals for new rights for qualifying cohabitants following separation and death.

The consultation acknowledges that cohabitants currently have no dedicated statutory framework equivalent to the financial-remedy system available on divorce.

Among the proposals being considered are:

• a targeted financial framework for separating cohabitants;
• greater recognition of financial disadvantage and non-financial contributions;
• stronger protection in cases involving domestic or economic abuse;
• automatic inheritance rights in certain circumstances; and
• eligibility where couples have lived together for at least three years or have a child together.

The consultation closes on 14 August 2026. The Government will consider the responses before finalising its policy, and any reforms would require legislation when parliamentary time allows.

These are therefore proposals, not current law. Unmarried couples should not assume that the announced reforms already protect them.

It is also worth noting that this is not the first time a UK Government has considered reforms, but nothing has materialised yet and such reforms are usually shelved.

One of the main issues which makes such reform difficult, is how to legally define a cohabiting couple so that any reform only catches the intended people and not for example, people choosing to live together as friends for various reasons such as sharing housing costs. You would assume intimacy is the difference, but how would you legally define what intimacy is in a relationship as it is subjective and different from couple to couple. Further, some cohabiting couples may have intentionally agreed not to marry or form a civil partnership as they do not want to be subject to the law on dividing finances following divorce or dissolution. For example, divorcees / couples who have no intention of having further children and who want to protect and ensure that their individual assets eventually go to their children from their prior marriage / civil partnership / relationship.

Therefore, any legal definition of a cohabiting couple could likely lead to lengthy and costly disputes between couples on separation, where they do not agree as to whether they can be considered a cohabiting couple within the legal definition.

What is a cohabitation agreement?

A cohabitation agreement records how a couple intends to manage its financial affairs while living together and what should happen if the relationship ends.

It can address:

• ownership of the home;
• mortgage and rent payments;
• household expenses;
• bank accounts and savings;
• debts;
• jointly purchased assets;
• business interests;
• pets; and
• arrangements following separation.

A cohabitation agreement can reduce uncertainty and provide valuable evidence of the couple’s intentions.

Both partners should receive independent legal advice, disclose relevant financial information and enter the agreement voluntarily. The document should also be reviewed following major life changes, such as buying a home, having a child, receiving an inheritance or starting a business.

Other steps unmarried couples should consider

Cohabiting couples can protect themselves by putting clear arrangements in place before a dispute arises.

Useful steps may include:

1. Preparing a cohabitation agreement.
2. Making or updating a will.
3. Recording property shares in a declaration of trust.
4. Checking how the property is legally owned.
5. Keeping records of deposits, mortgage payments and major expenditure.
6. Reviewing pension, insurance and death-in-service nominations.
7. Obtaining advice before contributing to a property owned solely by the other partner.
8. Reviewing arrangements after the birth of a child or another significant change.

These measures may feel unromantic, but they can protect both partners and reduce the risk of costly disputes.

What should you do when a cohabiting relationship ends?

Do not assume that property will automatically be divided equally.

Before leaving the family home, transferring money, signing an agreement or accepting a proposed settlement, obtain advice about your legal position.

You may need to establish:

• who legally owns the property;
• whether you have a beneficial interest;
• whether the property can be sold;
• what provision may be available for children;
• whether urgent protective action is necessary; and
• whether a negotiated resolution is possible.

Early legal advice can help preserve evidence and prevent decisions that may be difficult to reverse.

How Lawdit Solicitors can help

Lawdit Solicitors can advise on agreements, property ownership, business assets and disputes affecting unmarried partners.

Clear legal documents prepared before a problem arises can provide certainty. Where a relationship has already ended, prompt advice can help the parties understand their rights and explore a practical resolution.