Cohabitation Rights in the UK for Unmarried Couples
More couples in the UK are choosing to live together without getting married or entering a civil partnership. According to the Office for National Statistics, the number of cohabiting couples has more than doubled since 1996, rising from 1.5 million to around 3.6 million. For many, the decision to remain unmarried feels straightforward. You live together, perhaps share a mortgage, maybe have children together, and your relationship carries on much as it would for married or civil partnered couples. Unfortunately, the law currently views things very differently.
At Berlad Graham, we regularly speak with cohabiting couples who are surprised to learn just how little legal protection they have if the relationship ends or one partner passes away. In this blog, our family law and private client teams explain what rights cohabiting couples actually have, why the idea of “common law marriage” is misleading, and the practical steps you can take to protect yourself and your partner.
The Myth of “Common Law Marriage”
Many people living in long-term relationships are under the illusion that living together for a certain number of years gives them the same legal status as a married couple. This is not the case. In England and Wales, “common law marriage” is not recognised by the courts, regardless of how long you have been living with your partner, or whether you have children together.
As it stands, on separation or death, cohabiting partners do not have the same automatic rights as married couples and civil partners. It remains one of the most widespread legal misconceptions in the country, and for couples who only discover the truth at the worst possible moment, the consequences can be serious and costly to resolve.
The government has promised a long-awaited consultation on cohabitation rights reform, aiming to provide improved legal protections for cohabiting couples.
However, there is no clear indication of when these changes may take effect or what new rights would be introduced, if ever.
What Rights Do Cohabiting Couples Actually Have?
The rights afforded to cohabiting couples largely depend on what has been legally put in place and whose name appears on what document. This includes:
- Property: If your home is in your partner’s sole name and you are not on the title deeds, you have no automatic right to a share of it, even if you have lived there for years or contributed to bills and household costs. If you own the property jointly, the way you hold it matters. Property can be owned either as joint tenants (where both of you own the whole property together, and it passes automatically to the other on death) or as tenants in common (where each of you owns a defined share, which can be passed under your Will). The distinction has real consequences for what happens if the relationship ends or one of you dies. In some cases, a cohabiting partner may be able to claim an interest in a property under the Trust of Land and Appointment of Trustees Act 1996 (TOLATA) if they can show they contributed financially or had a clear agreement about ownership. These claims can be technical, costly and uncertain, which is exactly why putting arrangements in writing from the outset is so important.
- Children: Both parents have ongoing financial responsibilities for their children, regardless of marital status. The parent caring for the children may be able to apply for child maintenance and certain orders relating to housing under Schedule 1 of the Children Act 1989. Parental responsibility, however, is not automatic for unmarried fathers and depends on being named on the birth certificate, holding a parental responsibility agreement, or obtaining a court order.
Cohabitation Agreements: Putting Things in Writing
A Cohabitation Agreement is a written agreement between unmarried partners that sets out who owns what and in what proportion, how you manage joint expenses, and what should happen if you separate. A well-drafted Cohabitation Agreement can cover a wide range of practical matters, including:
- Ownership of property.
- Deposit on your home.
- What share of the mortgage or rent you will pay.
- How household bills will be dealt with.
- Bank accounts and money.
- Life insurance.
- Pensions.
A Cohabitation Agreement aims to provide you peace of mind and protect you should the relationship end or circumstances change. For example, an agreement can make sure you have:
- A share of each other’s assets.
- Access to each other’s state pension.
- Next of kin rights in a medical emergency.
Cohabitation Agreements can also be made between people who are not in a romantic relationship, such as flatmates or siblings, and are useful for helping divide up bills and other responsibilities while you are living together.
What Happens If Your Partner Dies Without a Will?
The consequences of an unmarried partner dying without a Will are often one of the harshest aspects of the law for cohabiting couples. In these circumstances, the rules of intestacy decide who inherits their estate, and those rules do not recognise unmarried partners at all.
In practice, a surviving partner would not automatically be entitled to inherit, even after decades together. The estate would pass to the deceased’s children, parents or other blood relatives in a strict order set by law. A home held in the sole name of the deceased may have to be sold to distribute the estate, leaving the surviving partner without the property they had lived in for years.
There is some limited protection. A surviving cohabitee who lived with their partner as a couple for at least two years immediately before the death may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, these claims can be complex, lengthy, costly to resolve, and offer no guarantee of a favourable outcome.
The simplest way to avoid all of this is to make a valid Will. Read our previous article: ‘Five Reasons Why You Need a Solicitor to Draft Your Will’.
Cohabitation Agreement Solicitors Uxbridge, Hereford, and Shropshire
At Berlad Graham, our family law and private client teams work together to provide comprehensive legal advice and support for couples planning their future.
If you are considering moving in with your partner, or you are a couple who has recently moved in together and wants to shore up your relationship legally, please contact our team to discuss the options available to you.
Contact our Solicitors in Uxbridge
To speak to our friendly, experienced, professional cohabitation lawyers today, please call 0330 175 5655 or email info@bglaw.co.uk
