September 2025

When a relationship breaks down, one of the biggest concerns for any couple is what happens to the family home. For unmarried couples in England and Wales, this can be particularly stressful because the law treats them very differently from married couples. There is no such thing as “common law marriage”, and separating partners often find they have fewer rights than they expected.

Buying a home together is often one of the biggest financial commitments a couple will make. In many cases, one partner contributes a larger deposit than the other, either from savings, a previous property, or help from family. While this arrangement may feel straightforward at the time, problems can arise later if the relationship breaks down or the property is sold. Protecting that deposit is therefore an important step when entering into a joint mortgage.

More couples than ever are choosing to live together without marrying or entering into a civil partnership. While this reflects how many people want to live their lives, the law in England and Wales has not kept pace. Unmarried couples do not have the same rights as those who marry, which can lead to uncertainty and disputes if the relationship ends. One way to provide clarity is through a cohabitation agreement. Many people search online for a “cohabitation agreement template”, but it is important to understand what these documents are, what they can achieve, and why tailored advice may be necessary.

For many couples, buying a home together is one of the biggest financial and emotional steps in their relationship. Increasingly, couples are choosing to buy a property together without getting married or entering a civil partnership. While this is now very common, many people do not realise that the law treats unmarried couples very differently from married couples if the relationship later breaks down.

Buying a home together is often one of the biggest steps couples take in their relationship. It is common for one partner to contribute a larger deposit than the other, whether from savings, a gift, or proceeds from a previous property. But what happens if the relationship breaks down and the couple later divorces? How is the home, and that unequal deposit, treated by the court?

Many couples in England and Wales choose to live together without marrying or entering into a civil partnership. It is a common belief that, after living together for a number of years, partners become a “common law husband” or “common law wife” and gain the same legal rights as married couples. Unfortunately, this is a myth. There is no such thing as “common law marriage” in England and Wales, and this misunderstanding often causes problems when relationships break down.

Cohabiting couples are now the fastest-growing type of family arrangement in England and Wales. Many couples choose to live together without marrying or entering a civil partnership, often without realising that the law offers very limited protection if the relationship breaks down. When disagreements arise, cohabitation disputes can quickly become complicated, stressful, and costly, particularly as the legal framework for unmarried couples is very different from that which applies to divorce.

Cohabitation is now the fastest-growing type of family arrangement in England and Wales, with more couples choosing to live together without marrying or entering into a civil partnership. Despite this trend, the law offers very limited protection to unmarried couples if their relationship breaks down or if one partner dies. Many people are surprised to discover that “common law marriage” is a myth and that simply living together does not create the same rights as marriage. A cohabitation agreement is one of the most effective ways for couples who live together to protect themselves legally. It provides clarity about finances, property, and responsibilities, helping to reduce uncertainty and disputes in the future.