Living Together But Not Married Rights
September 2025
More couples than ever are choosing to live together without marrying or entering a civil partnership. Cohabitation is now the fastest-growing family arrangement in England and Wales. Despite this, the law has not kept pace with social change, and unmarried couples are often surprised to discover they have far fewer rights than they expected. The widely held belief in a “common law marriage” is a myth. Simply living together, regardless of the length of the relationship, does not give cohabitants the same rights as married couples.
This summary provides general information and does not constitute legal advice on any individual circumstances.
Property Rights for Unmarried Couples
When a married couple separates, the court has wide powers to redistribute property and finances to reach a fair outcome. By contrast, unmarried couples who separate do not have those protections. Rights to property depend on whose name is on the legal title or whether a beneficial interest can be proven.
If a home is owned in one partner’s name, the other will not automatically have a right to it, even if they have lived there for many years. A partner who has contributed financially, for example by paying towards the mortgage or funding improvements, may be able to claim a share under trust law, but such claims are often complex and require clear evidence. Where property is owned jointly, how it is held — as joint tenants or tenants in common — will affect how equity is divided if the property is sold or if one partner dies.
Children and Financial Support
Where children are involved, both parents have a legal duty to support them, regardless of whether they are married. Child maintenance can be arranged directly between parents or through the Child Maintenance Service. Parents can also apply to the court for financial provision under Schedule 1 of the Children Act 1989, which may cover housing or other expenses for the benefit of the child.
However, it is important to understand that these rights exist for the benefit of the children, not the cohabiting partner. Unlike in divorce, an unmarried partner cannot apply for spousal maintenance or claim against the other’s pension simply because the relationship has ended.
Inheritance and Wills
Another key difference concerns inheritance. Unmarried partners do not have automatic rights to inherit under the intestacy rules in England and Wales. If one partner dies without leaving a will, the surviving partner is not entitled to a share of the estate, no matter how long they lived together. Instead, they may have to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which can be uncertain, stressful, and expensive.
Making a will is therefore essential for cohabiting couples who wish to provide for one another. Similarly, considering arrangements such as life insurance policies or pension nominations can help ensure financial security for a surviving partner.
Protecting Yourself as a Cohabitant
While reform has been recommended by the Law Commission to improve protections for cohabiting couples, the law in England and Wales remains unchanged. Until new legislation is introduced, couples should take practical steps to protect themselves. Entering into a cohabitation agreement can set out how property, finances, and responsibilities will be shared during the relationship and what happens if it ends. Ensuring that property ownership is properly recorded, keeping financial records, and making a valid will are all vital measures for those who choose to live together without marrying.
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