Cohabitation Rights UK | Legal Position for Unmarried Couples

Unmarried couples who live together in England and Wales have far fewer legal rights than married couples or civil partners, however long they have been together. There is no “common law marriage”. If you separate, neither of you can claim maintenance or a share of the other’s pension, and property is decided by ownership and trust law, not by what seems fair. If your partner dies without a will, you inherit nothing automatically. The good news is that most of these gaps can be closed in advance. Our family law team can help you do that.

Updated November 2026.

Cohabitation rights at a glance

Children are the one area where marriage makes little difference. Most other protections depend on paperwork you put in place yourselves.

Is there such a thing as common law marriage?

No. Living together for ten or twenty years, having children or sharing a surname does not create the rights of marriage. Many couples still believe it does, which is why the problem often only surfaces at a separation or a death. Our article on the common law marriage myth explains where the idea came from and why it causes so much harm.

Reform has been promised for many years, but as at November 2026 the rules on this page still apply.

Property rights for cohabiting couples

The home is usually the biggest issue. The starting point is whose name is on the title.

If the home is in joint names

The law presumes you own it in equal shares unless there is evidence of a different intention, such as a declaration of trust. Either of you can usually ask for the property to be sold if you cannot agree, and the court can decide disputes under the Trusts of Land and Appointment of Trustees Act 1996.

If the home is in one partner’s name

The other partner starts with no share. They may be able to claim a beneficial interest, but only by showing there was a shared intention that they would own part of it and that they relied on that to their detriment. This area of law overlaps with separation advice generally. Typical evidence includes paying towards the deposit or mortgage, or clear promises about ownership. Paying bills or doing up the house is often not enough. These claims are slow, expensive and uncertain.

Renting together

If you are both named on the tenancy, you are usually both responsible for the rent. If only one of you is named, the other may have no right to stay if the relationship ends.

Money and maintenance when you separate

Unmarried partners cannot claim maintenance from each other, whatever the difference in income and however long the relationship lasted. There is no pension sharing, and no claim on savings or investments in the other partner’s sole name. A partner who gave up work to bring up children can be left in a very difficult position.

Joint bank accounts and debts in joint names are shared. Each of you can be liable for the whole of a joint debt, not just half.

Children of unmarried parents

The children’s position is much stronger than the parents’. Both parents must support their children, and child maintenance can be arranged privately or through the Child Maintenance Service. A parent caring for the children can also apply under Schedule 1 of the Children Act 1989 for housing or lump sums for the children’s benefit, which matters where the other parent is wealthy.

A mother automatically has parental responsibility. An unmarried father has it if he is named on the birth certificate (for births registered in England and Wales since 1 December 2003), signs an agreement with the mother, or gets a court order. Our guide to parental responsibility explains how this works. If you cannot agree where the children will live or how they will spend time with each parent, a child arrangements order may be needed.

What happens if your partner dies?

This is where cohabiting couples are most exposed. If your partner dies without a will, you do not inherit under the intestacy rules. Their estate may pass to their children, parents or siblings instead.

If you lived together as a couple for at least two years immediately before the death, or you were being maintained by your partner, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. The claim is limited to reasonable maintenance, must usually be made within six months of the grant of probate, and is often contested. See our guide to contesting a will for the time limits.

Jointly owned property held as joint tenants passes to the survivor automatically. Property held as tenants in common does not. Pensions may pay out to a partner only if you have been nominated, and there is no inheritance tax exemption between unmarried partners.

How to protect yourself

1. Make a cohabitation agreement. It records who owns what, who pays for what, and what happens if you separate. Properly drafted, with full disclosure and ideally independent advice for each of you, it carries real weight.
2. Record property shares. If you buy together, or one of you contributes more, record your shares in a declaration of trust.
3. Make wills. This is the single most important step. Our wills and probate guide explains the options.
4. Check pension nominations and life insurance beneficiaries.
5. Consider lasting powers of attorney, so your partner can make decisions if you lose capacity.
6. Review everything when you buy a home, have a child or one of you stops working.

Living in the capital? Our London cohabitation guide covers local property and inheritance issues in more depth.

Frequently asked questions

How long do you have to live together to have rights?

There is no length of time that gives you the rights of a married couple. Two years of living together matters only for an inheritance claim under the 1975 Act.

Can my partner make me leave our home if it is in their name?

Possibly. Unless you can show a beneficial interest, or the court makes an occupation order in a domestic abuse case, the owner can usually ask you to leave. Take advice before you move out or agree to anything.

Do unmarried couples have to split assets 50/50?

No. Assets are divided according to ownership. Jointly owned property is presumed to be shared equally unless there is evidence otherwise. Assets in one name stay with that person unless a trust claim succeeds.

Is a cohabitation agreement legally binding?

It can be enforced like a contract if it is clear, both of you entered into it freely, and there was full disclosure. Getting independent advice for each partner makes it much harder to challenge.

Can I claim maintenance from my ex-partner if we were not married?

Not for yourself. You can claim child maintenance and, in some cases, financial provision for the children under Schedule 1 of the Children Act 1989.

If you are separating, or want to protect yourselves now, our family law solicitors can help. Contact our team or call 0330 341 4757.

Please note: This article is general information about the law in England and Wales as at November 2026. It is not legal advice. Prime Legal Solicitors is authorised and regulated by the Solicitors Regulation Authority, SRA No. 834471.