Cohabitation Rights in England & Wales for Unmarried Couples

Jul 2026 In: Family

Many couples live together assuming they have ‘common-law’ rights. In reality, couples living in England and Wales do not have these protections. This guide explains the current position on cohabitation rights, where the law does and does not offer protection, and what may change following the government’s 2025 consultation.

Do Cohabiting Couples Have the Same Rights As Married Couples?

There is no legal status of a “common-law spouse” in England and Wales. No matter whether a couple has been living together for two months or twenty years, they do not gain the same financial claims that marriage or civil partnership provides on separation or death. This lack of cohabitation rights is often misunderstood, and Parliament along with independent briefings have repeatedly highlighted the “common law marriage myth” and its consequences.

Where the Law Does and Doesn’t Protect Unmarried Couples

Home And Property

When an unmarried couple separates, there is no automatic right to a share of the other partner’s property or assets. Instead, disputes over the home are dealt with under trusts and property law, most often through the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

Under TOLATA, the court will look at the legal ownership of the property and any evidence of financial contributions or agreements between the partners. The court has powers to decide who legally owns the property, who is entitled to live there, and whether the property should be sold.

Children And Financial Support

Children are entitled to financial support no matter what their parents’ relationship status is. Day-to-day maintenance is usually handled by the Child Maintenance Service. In some situations, the court can also make orders under Schedule 1 of the Children Act 1989, which may provide housing or lump sums to help meet a child’s needs.

If Your Partner Dies Without A Will

An unmarried partner does not inherit automatically under the intestacy rules. Without a Will, the estate passes to relatives set out by statute and a surviving cohabitant must rely on other routes (such as a dependency claim) or careful lifetime planning. Government guidance is explicit on who inherits where there is no Will.

Pensions And “Next of Kin”

Workplace or personal pensions are governed by scheme rules and beneficiary nominations. Many schemes can pay survivor benefits to a cohabiting partner if the deceased completed the nomination and the scheme criteria are met. It’s worth noting that this is distinct from intestacy. It’s important to ensure your nominations are up to date.

Domestic Abuse Protection

Protection from domestic abuse applies regardless of marital status. The Domestic Abuse Act 2021 and its statutory guidance cover those “personally connected,” including people who have lived together.

Note on Scotland: The position is different. Scotland has specific cohabitation legislation (Family Law (Scotland) Act 2006) that permits certain claims on separation or death. This article focuses on England and Wales.

Practical Steps to Protect Your Cohabitation Rights

Make A Cohabitation Agreement

A properly drafted cohabitation (living together) agreement can set out how you’ll own and manage property, share bills, deal with bank accounts, pets and possessions, and what happens if you separate. These agreements are contractual documents and, when correctly prepared and executed, can be enforceable. A specialist family law solicitor can ensure your agreement is clearly drafted and tailored to your circumstances, and has the best chance of being upheld in the event it is relied upon.

Record Ownership Of Your Home

If you are buying a home together, couples can choose between joint tenancy or tenancy in common and sign a Declaration of Trust to record unequal contributions.
If you are moving into a partner’s property and plan to contribute towards the mortgage or improvements, it is important to record the arrangement in writing before making any payments. Without this, it can be very difficult to prove a beneficial interest under TOLATA later on.

Write And Update Your Wills

Making a Will gives you control and peace of mind, ensuring your partner is protected. It also sets out guardianship wishes for children, and allows your estate to be managed in line with your wider plans.

Check Pension Nominations And Life Cover

Update beneficiary nominations across pensions and death-in-service benefits, and consider life insurance to protect the household if one partner dies.

Plan For Children

If you have children, consider parental responsibility, emergency arrangements, and housing needs. In some situations, Schedule 1 applications can secure housing for a child even where the home is owned by one parent only.

Is Reform Coming?

The government has confirmed that it will consult in 2025 on strengthening cohabitation rights for unmarried couples in England and Wales. While the details are still to be announced, ministers have signalled an intention to close the gap between modern family life and the current law. Until any reforms are enacted, no legal changes apply, so it remains important to put clear plans in place now.

Cohabitation Rights FAQs

Do we become “common-law married” after a certain time?

No. There is no such thing as a “common-law marriage” in England and Wales. No matter how long you live together, cohabiting couples do not automatically acquire the financial rights that come with marriage or civil partnership. The only way to gain those rights is through a legal marriage or civil partnership.

Can I claim maintenance from my ex-partner after cohabitation ends?

Unlike married couples, cohabitants cannot claim spousal maintenance from one another when a relationship ends. Financial support is limited to children. The Child Maintenance Service can assess and collect maintenance payments for children, and in certain situations the court can make orders under Schedule 1 of the Children Act 1989 to secure housing or other financial support for a child’s needs.

We’ve both paid into the house but only one name is on the deeds. What happens now?

If you are not the legal owner but have contributed to the property, you may be able to establish a beneficial interest through a TOLATA claim. The court will examine the evidence, such as whether you contributed to the purchase price, mortgage payments, or major renovations, and whether there was an agreement or understanding between you. Because these cases are often complex and very fact-dependent, it is important to take specialist advice as soon as possible.

My partner died and we weren’t married. Can I still inherit?

If your partner dies without a Will, you do not automatically inherit under the intestacy rules. Their estate will pass according to a fixed order of relatives set out by law. However, pensions and death-in-service benefits often fall outside the estate, so if your partner nominated you as a beneficiary, you may still be entitled to receive these. To avoid uncertainty and potential disputes, it is best to have a valid Will and up-to-date nominations in place.

How Cartwright King Can Help

Cohabitation planning is most effective before problems arise. Our family, private client and property teams work together to draft cohabitation agreements and declarations of trust, and advise on Schedule 1 and TOLATA claims. In cases where safety or housing is at risk, we act quickly to put protective measures in place and safeguard you and your family.

Our Family Law team is here to help you plan ahead and protect your cohabitation rights as an unmarried couple.