The Common-Law Marriage Myth in the UK Explained

Cohabitation in the UK: Why the “Common-Law Marriage” Myth Can Leave You Unprotected

Cohabitation is now the fastest-growing family structure in the UK. Many couples live together, share a home, and raise children — believing this gives them the same legal rights as married couples. This belief, known as the “common-law marriage” myth, can leave people financially and legally unprotected.

The “Common-Law Marriage” Myth: Belief vs Reality

Many people assume that living together for years creates legal rights over property, finances, or inheritance. In reality, there is no such thing as common-law marriage in England and Wales. Cohabiting partners do not have the same legal rights as married couples — regardless of how long they’ve lived together or whether they have children.

How Cohabitation Differs from Marriage or Civil Partnership

While cohabiting couples often share their lives, they lack the legal protections that marriage or civil partnership provides.

• Financial Rights: No automatic right to financial support if the relationship ends. Spousal maintenance applies only to married couples or civil partners.
• Property: The home belongs to the person(s) on the title or tenancy unless the other partner can prove a financial interest (under the Trusts of Land and Appointment of Trustees Act 1996 – TOLATA).
• Children: Both parents have legal responsibilities, but unmarried fathers only gain parental responsibility if named on the birth certificate (after December 2003) or granted PR by agreement or court order.
• Inheritance: Cohabiting partners do not automatically inherit if one partner dies without a Will.

What Happens if a Cohabiting Couple Separates?

Without the legal protections of marriage or civil partnership, separation can be complex and financially unfair. Cohabiting partners have no right to financial settlements, pension sharing, or automatic property claims. Each person keeps what is legally in their name unless proof of contribution or a written agreement exists.

How Cohabiting Couples Can Protect Themselves

• Cohabitation Agreement: A legal document outlining ownership, financial responsibilities, and arrangements if the relationship ends.
• Declaration of Trust: Essential when buying property together. It confirms each person’s share and how proceeds will be divided.
• Making a Will: Ensures your partner and children inherit according to your wishes. Without a Will, your partner may receive nothing.

Why Early Legal Advice Matters

Many couples only learn about their lack of protection during separation or bereavement. Early advice from a family law solicitor helps protect finances, prevent disputes, and provide clarity for the future. Being informed now can save emotional and financial hardship later.

Key Takeaways

• “Common-law marriage” does not exist in England and Wales
• Cohabiting couples have fewer legal rights than married couples
• Property, finances, and inheritance rights require proactive protection
• Cohabitation Agreements, Declarations of Trust, and Wills are essential
• Early legal advice ensures clarity and peace of mind

Contact Prime Legal Solicitors

For expert advice on cohabitation rights, separation, or protecting your assets, contact Prime Legal Solicitors. Call 0330 341 4757 or use our online enquiry form to book your consultation today.