You have shared a home for years. You pay the bills, make plans together and perhaps have children. You may even own a property together.
But if your relationship ended, would you have the same legal rights as a married couple?
Many people are surprised to discover that, in England and Wales, living together does not automatically give unmarried couples the same financial protections as marriage or a civil partnership. This remains the case regardless of how long they have been together.
The Government has consulted on proposals to strengthen protections for cohabiting couples. While these could lead to changes in the future, they are not currently law. Understanding your position now can help you make informed decisions about your home, finances and future.
Is common-law marriage a real thing?
The idea of “common-law marriage” is widespread. Some couples believe that living together for a certain number of years gives them the same rights as a married couple.
However, there is no legal status of common-law marriage in England and Wales. You do not automatically acquire the same financial rights as a spouse simply because you have lived together for a long time.
This does not mean that an unmarried partner can never make a claim relating to property or children. It does mean that the rules are different, and the outcome will depend on your individual circumstances.
What happens to your home if you separate?
If you are living together but not married, your home can be one of the biggest concerns when a relationship ends. What happens next can depend on whose name is on the legal title, how the property is owned and whether any agreements have been made.
If you own the property together
Joint ownership does not necessarily mean that each person is entitled to an equal share. Much may depend on how you own the property and whether you have recorded your respective interests.
For example, a couple who contributed different amounts towards a deposit may have agreed that they should receive different shares if the property is sold. A declaration of trust can be used to record their intentions.
If the property is in one partner’s name
If your partner owns the home in their sole name, you do not automatically become entitled to a share simply because you have lived there or contributed to household expenses.
In some circumstances, it may be possible to establish an interest in the property. This can depend on evidence of what was agreed or intended and the contributions made. These claims can be complex, and legal advice is important before deciding what steps to take.
If you rent your home, your position may depend on whose name is on the tenancy agreement and your particular circumstances.
What about savings, pensions and financial support?
When a marriage or civil partnership ends, the court can consider a range of financial matters. Unmarried couples generally do not have access to the same financial remedies simply because their relationship has ended.
For example, an unmarried partner does not automatically have a right to a share of the other person’s pension or to financial maintenance for themselves.
This can be particularly significant where one person has reduced their working hours to care for children or support the household, while the other has continued to build savings or pension benefits.
Joint accounts and other assets can also raise questions. Understanding how they are held and discussing your financial arrangements can help you plan with greater clarity.
Does having children give you additional rights?
Both parents remain responsible for their children, whether or not they are married or living together.
Following a separation, parents may need to make arrangements for where their children live, how they spend time with each parent and how their financial needs will be met.
In some circumstances, financial provision may be available for a child. However, this is different from having the same financial rights as a spouse. The options will depend on the family’s situation, so it is worth seeking advice about what applies to you.
What happens if your partner dies?
Planning for the future also means considering what would happen if one partner died.
If someone dies without a valid will, the intestacy rules determine who inherits their estate. Under the current rules in England and Wales, an unmarried partner does not automatically inherit under those rules, even if the couple have lived together for many years.
The way a property is owned can also affect what happens to it. In some circumstances, a surviving partner may be able to bring a claim against the estate, but this can create uncertainty at an already difficult time.
Making a will allows you to set out your wishes and consider how you would like your partner and family to be provided for.
Could the law change?
The Government’s A Fairer End to Relationships consultation considered proposals to reform financial arrangements when relationships end in England and Wales.
These included possible protections for qualifying cohabiting couples when they separate, as well as changes to inheritance provisions when a partner dies without a will.
The consultation has closed and the Government is considering the responses. The proposals have not become law, and the final details and timing of any reforms are not yet certain. Couples should therefore continue to plan based on the law as it currently stands.
How Can Couples Living Together but Not Married Protect Themselves?
You do not need to wait for the law to change before thinking about the future. There are practical steps you can take now.
Consider a cohabitation agreement
A cohabitation agreement can record your intentions about matters such as your home, household expenses, savings and what should happen if you separate.
Talking about these issues may feel uncomfortable, but having an open conversation while things are going well can help both partners understand where they stand.
Understand how your home is owned
If you are buying a property together, make sure you understand the different ways you can own it and what each option could mean for you.
A declaration of trust may also be appropriate, particularly if you are contributing different amounts towards the purchase or mortgage. It can record your respective interests and help provide clarity in the future.
Make or update your wills
A will is an opportunity to make your wishes clear and consider how your partner and family should be provided for.
It is also sensible to review your will after major life changes, such as buying a home, having children or a change in your relationship.
Review your arrangements as life changes
Your circumstances may look very different after a few years together. One partner may reduce their working hours, you may have children, or one of you may contribute to a property owned by the other.
Reviewing your arrangements and keeping a record of important agreements can help ensure they continue to reflect your situation.
Legal Advice for Unmarried Couples
If you are living together but not married, understanding your legal position now can help you plan for the future. Many couples only discover the limits of their legal protections when something goes wrong.
Whether you are moving in together, buying a home, planning for the future or facing a separation, understanding your position early can help you make informed choices.
Our team can provide clear, practical advice tailored to your circumstances. Contact us to find out how we can help you protect your interests and plan for the future.
This article provides general information about the law in England and Wales and is not a substitute for advice on your individual circumstances.
