Cohabiting without marriage or civil partnership has become the norm for millions of couples across Britain. The Office for National Statistics estimates that 3.5 million couples now live together without being married, making cohabitation the fastest‑growing family type in England and Wales.
Yet the law has not kept pace. Unmarried couples lack most of the protections enjoyed by spouses, leaving them vulnerable to financial and emotional hardship when relationships break down or a partner dies.
This guide explains what it means to be a common law partner, debunks myths about common law marriage, and sets out the rights, responsibilities and potential reforms affecting cohabiting couples in 2025. It also provides practical steps to protect yourself and your loved ones.
What is a Common Law Partner?
A common-law partner is someone who lives in a relationship akin to marriage without formal marriage or a civil partnership. People also refer to these relationships as cohabitation, living together, unmarried couples or de facto relationships.
Many believe that living together for a specific period confers the same rights as marriage. This is incorrect.
The Myth of Common Law Marriage
More than 46% of adults in England and Wales mistakenly think that common law marriage grants legal rights equivalent to marriage. Among cohabiting couples with children, the figure rises to 55%.
In reality, there is no such thing as common law marriage in the UK. No matter how long you live together or how many children you have, you never automatically gain the same legal rights as a spouse.
Common law marriage existed in parts of England before 1753, when the Marriage Act made formal ceremonies compulsory. While a few countries and US states still recognise it, the concept has no legal standing in England, Wales, Scotland or Northern Ireland.
Legal Rights of Common Law Partners vs Married Couples
When married couples separate, the court can fairly redistribute property and finances to meet both parties’ needs. Unmarried couples have minimal rights. The table below summarises key differences.
| Legal issue | Married couples | Unmarried couples |
| Property division | Courts can divide matrimonial assets fairly, regardless of ownership | Property belongs to whoever is named as the legal owner; otherwise, you must prove a significant financial contribution to claim any share |
| Spousal maintenance | Right to ongoing financial support for a spouse | No right to maintenance. Child support may still apply |
| Pension sharing | Can obtain pension sharing orders | No automatic pension rights |
| Inheritance rights | Spouses inherit automatically when there is no will | Unmarried partners inherit nothing unless named in a valid will |
| Tax benefits | Marriage allowance and inheritance tax exemptions | No spousal tax benefits or exemptions |
For certain welfare benefits and entitlements, cohabiting and married couples are assessed in the same way.
Property Rights
Under English property law, legal ownership determines rights. If only one partner’s name is on the title that partner owns the property. To claim a share, the other partner must prove a beneficial interest by showing financial contributions or a common intention to share ownership.
When disputes arise, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) allows the court to determine beneficial interests, order sales or regulate occupation. The court can impose cost sanctions on parties who refuse to participate in mediation or other forms of alternative dispute resolution before issuing TOLATA claims. This makes early negotiation essential.
Inheritance & Estate Planning
Unmarried partners do not automatically inherit from each other, no matter how long they have lived together. To leave assets to a partner, you must make a will. Without one, your estate passes to relatives under intestacy rules, potentially leaving your partner homeless.
Inheritance tax will also apply to your partner’s estate, whereas spouses are exempt. Savings, investments and personal belongings must be included explicitly in a will or legal agreement to protect your cohabiting partner.
Financial Support and Pensions
Married couples can claim spousal maintenance and request pension sharing orders as part of divorce proceedings. Unmarried couples have no such rights. The law assumes each adult should support themselves.
Child maintenance may still be paid for children, arranged voluntarily or enforced through the Child Maintenance Service. However, adult partners cannot seek maintenance from each other.
Different rules apply to various types of pensions. Private pensions are personal assets with no automatic rights of sharing for cohabiting couples. The state pension is unaffected by cohabitation status; eligibility is based on National Insurance contributions rather than marital status.
Parental Rights and Responsibilities
Mothers automatically have parental responsibility for their children. Unmarried fathers only obtain parental responsibility if they are registered on the child’s birth certificate (for children born after 1 December 2003) or by agreement or court order.
Without parental responsibility, fathers may not have legal authority to make decisions about their child’s education, medical treatment or travel. Being named on the birth certificate is crucial for establishing these rights.
Financial & Property Implications of Cohabitation
Without the framework of marriage, cohabiting couples must rely on property law, trust law and contract law to regulate their affairs.
Home Ownership
Joint tenants vs tenants in common: As joint tenants, you own equal shares, and when one partner dies, their share passes automatically to the surviving partner. As tenants in common, you each own a defined share that can be left by will to any beneficiary.
If you are joint owners, you have equal rights to remain in the home. If the relationship ends and you cannot agree, courts may decide how the property is divided.
Contribution records: keep detailed records of all financial contributions to the purchase and improvement of property. Courts require evidence to determine beneficial interest.
Declarations of trust: signing a declaration of trust when you buy property sets out each partner’s share and avoids disputes.
Tenancy Agreements
If you rent, both partners are equally responsible for rent and obligations under the tenancy agreement, regardless of marital status. If the relationship ends, you may need to negotiate with your landlord to change the tenancy or remove one partner’s name from the tenancy. Courts can transfer a tenancy to one partner in some cases, especially where children are involved.
Shared Debts and Joint Accounts
Banks hold both account holders jointly liable for overdrafts and loans. If your partner racks up debt on a joint account, you remain fully responsible for repayment. Consider limiting joint borrowing or using a joint account only for household bills.
Separate bank accounts offer more control over individual finances but can complicate estate planning and access if one partner dies.
Business Interests and Investments
If one partner runs a business, the other has no automatic entitlement to a share. A cohabitation agreement can specify whether any share in business assets exists or whether contributions will be compensated in another form.
How to Protect Yourself as a Cohabiting Partner
Until reforms come into force, self‑protection is essential. Follow these steps to safeguard your rights and avoid costly disputes:
Create a cohabitation agreement. This sets out what happens to property, savings and debts if you separate. It can also address living expenses, household roles and arrangements for children.
Make a will. Without a will, your partner could receive nothing on your death. Ensure both partners make wills reflecting your wishes and update them after significant life events.
Register property ownership correctly. Decide whether to own property as joint tenants or tenants in common, and consider a declaration of trust to record contributions and ownership shares. Registering your interest with the Land Registry gives legal clarity.
Keep records of financial contributions. Save receipts, bank statements and emails relating to mortgage payments, renovations and investments in the home. Documentation strengthens your claim to a share of the property.
Ensure parental responsibility. If you are an unmarried father, you must be named on your child’s birth certificate or obtain a parental responsibility agreement or order.
Consider life insurance and pension nominations. Name your partner as a beneficiary on life insurance policies and pension schemes to ensure they receive benefits on your death.
Plan for separation. Understanding your rights and documenting agreements early prevents disputes. Consider mediation to reach a fair arrangement if you separate.
2025 Cohabitation Law Reforms & Beyond
The Labour Government announced in February 2025 that it would hold a formal consultation on cohabitation rights, with proposals for protections after two years of living together. However, no reforms have been implemented as of 31 October 2025. Until legislation passes, unmarried couples remain without automatic rights.
Courts changed procedural rules on 1 October 2024, imposing cost sanctions on parties who refuse to engage in mediation or other forms of alternative dispute resolution in property disputes. This aligns TOLATA claims with family court rules and encourages settlement over litigation.
International Comparisons
Some countries recognise common law marriage after a period of cohabitation. In parts of Canada and the United States, cohabitants may acquire rights similar to spouses. However, the UK remains one of the few Western jurisdictions without statutory rights for cohabiting couples. Do not assume overseas rules apply.
Frequently Asked Questions
Does living together for 2, 5, or 7 years give us common-law marriage rights?
No. No amount of cohabitation creates automatic rights. You remain unmarried in law, regardless of how long you have lived together or whether you have children.
Can a common law partner claim half the house?
Not automatically. The home belongs to whoever is named on the title. To claim a share, you must show financial contributions or a common intention to share ownership. A cohabitation agreement or declaration of trust can record your interest.
What happens if my partner dies without a will?
You do not inherit automatically. Intestacy rules pass assets to relatives, not unmarried partners. Make sure both partners write wills and consider life insurance and pension nominations.
Are cohabiting couples entitled to pensions or benefits?
No automatic pension or spousal benefits exist for cohabiting couples. You should nominate each other on your pension schemes and consider savings or insurance to provide for your partner.
How do we formalise our relationship without marrying?
You can enter a cohabitation agreement to regulate your financial and property rights. Alternatively, a civil partnership gives many of the same rights as marriage. Seek legal advice to decide which option suits you.
Is there any difference between cohabitation and civil partnership?
Yes. Civil partners have almost identical rights to married couples, including property, pension and inheritance rights. Cohabiting couples do not, unless they create contractual arrangements.
Do I need a civil marriage after a religious ceremony for legal recognition?
Yes. For your marriage to be legally recognised in the UK, you must have a civil marriage ceremony, even if you have already had a religious ceremony. Without it, your relationship may not be valid in law.
What is the future of cohabitation law in the UK?
The government’s 2025 consultation signals a move toward better protection for cohabitants. However, until legislation is passed, the law remains unchanged. Couples should continue to protect themselves through agreements, wills and careful planning.
Conclusion
Cohabitation may be socially accepted, but the law still treats unmarried couples as independent individuals. There is no common law marriage in the UK, and cohabiting partners lack automatic rights regarding property, finances, pensions and inheritance.
With more than half of children now born to unmarried parents, understanding these legal realities is critical. Until reforms arrive, proactive planning is essential. Draft a cohabitation agreement, make wills, document your financial contributions and seek legal advice before making significant financial commitments.
If you want to formalise your relationship, consider a civil partnership or marriage. And when reforms do come, stay informed—changes may enhance your rights, but they will not apply retrospectively.
Need personalised advice? Contact VK Law for a confidential consultation. Our family lawyers can help you draft a cohabitation agreement or navigate disputes using mediation and TOLATA claims.