Common Law Wife Rights to Property
September 2025
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.
This summary provides general information and does not constitute legal advice on any individual circumstances.
The Myth of Common Law Marriage
Despite being widely believed, living together does not create automatic rights over your partner’s property. No matter how long you have lived as a couple, you do not have the same legal rights as a husband or wife would have in divorce. This can come as a shock, particularly if you have shared a home for many years and assumed you would be entitled to a share if the relationship ends.
Property Ownership and Separation
When a married couple separates, the court has wide powers to divide property fairly between them. For cohabiting couples, this does not apply. Instead, property is usually dealt with according to whose name is on the title deeds. If the house is owned by one partner alone, the other does not automatically have any claim over it, even if they have lived there for a long time.
In some situations, a partner may be able to show they have a financial interest in the property. For example, if they contributed to the mortgage or paid for substantial improvements, they may be able to argue they should have a share. However, these cases can be complex and require evidence of what contributions were made.
Jointly Owned Property
If a home is owned in joint names, then both partners will usually be entitled to a share. How that share is divided depends on how the property is registered. As joint tenants, the property is generally split equally. As tenants in common, each partner owns a defined share, which may or may not be equal.
Understanding how your home is owned is important. Many cohabiting couples do not realise how the legal paperwork affects their rights until a separation happens.
Protecting Yourself if You Live Together
Because there is no automatic protection for “common law wives” or “common law husbands”, couples who live together should take steps to protect themselves. A cohabitation agreement is one of the best ways to do this. It sets out what each partner owns, how bills and debts will be managed, and what will happen if the relationship ends.
It is also important to make sure that property ownership is recorded correctly and that both partners understand what this means. Keeping records of financial contributions, such as mortgage or renovation payments, can also help if there is ever a disagreement in the future.
Why This Matters
For many couples, discovering the truth about the “common law marriage” myth only happens when it is too late. By then, one partner may find they have no right to the home they live in, despite years of contributions. Taking advice early and making arrangements while the relationship is strong can save a lot of stress and uncertainty later on.
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