Many people in England and Wales are surprised to learn that living together—even for decades—does not give unmarried couples the same legal rights as those who are married or in a civil partnership. The idea of a “common law marriage” is a persistent myth, but it has no basis in law. This misunderstanding can leave cohabiting partners exposed to significant risks, especially if the relationship ends or one partner dies.

What Rights Do Cohabiting Couples Have?

If you are not married or in a civil partnership, you do not have automatic rights to your partner’s property, inheritance, or finances. This means:

• No automatic inheritance rights: If your partner dies without a will, you will not inherit under the intestacy rules, regardless of how long you lived together.

• No claim on your partner’s property or pension: Unless your name is on the title deeds or you can prove a direct financial interest, you have no right to stay in the home or claim a share.

• No right to spousal maintenance: You cannot claim maintenance for yourself, though you may be able to claim child maintenance if you have children together.

• No automatic right to stay in the family home: If the property is in your partner’s sole name, you could be asked to leave, even if you have contributed to the mortgage or household bills.

Property Ownership: Why It Matters

How you own your home together is critical:

• Joint Tenants: You both own the whole property together. If one of you dies, the other automatically inherits the property, regardless of what a will says.

• Tenants in Common: Each of you owns a defined share (which can be equal or unequal). You can leave your share to anyone in your will. If you die without a will, your share passes according to the intestacy rules, which do not recognise unmarried partners.

• Sole Ownership: If the property is in one partner’s name only, the other has no automatic rights, even if they have contributed financially. In some cases, you may be able to claim a “beneficial interest” if you can prove a clear agreement or significant contribution, but this is often difficult, expensive, and uncertain.

Protecting Yourselves: Cohabitation Agreements

A cohabitation agreement is a practical way to set out your intentions and protect both partners. It can cover:

• Who owns what at the start of the relationship

• How you will share bills, mortgage payments, and other expenses

• What happens to property, savings, and possessions if you separate

• Arrangements for children, if relevant

While not legally binding in the same way as a contract, courts will usually uphold a cohabitation agreement if it is entered into freely, with both parties having a clear understanding of its terms.

Other Essential Planning Steps

• Make a will: This is the only way to ensure your partner inherits from you. Intestacy rules do not recognise cohabiting partners.

• Life insurance: Consider a policy written in trust for your partner, so they receive the payout directly and quickly.

• Pension nominations: Check your pension scheme’s rules and nominate your partner for any death benefits.

• Lasting Power of Attorney: If you want your partner to make decisions for you if you lose capacity, you must put this in place. Otherwise, they may have no say in your health or finances.

Common Pitfalls and Contentious Points

• Assuming “common law marriage” exists: It does not, and this misunderstanding can leave partners unprotected.

• Not updating property ownership after major life changes: If you buy a home together, make sure the ownership reflects your intentions.

• Relying on informal agreements: Verbal promises or casual arrangements are rarely enforceable.

• Failing to plan for incapacity or death: Without a will or LPA, your partner may be left out of key decisions or lose their home.

Why Planning Matters

Cohabiting couples must be proactive. The law offers very little automatic protection, so it’s essential to take steps now to protect each other and your future. Open conversations, clear documentation, and regular reviews of your arrangements can help avoid heartache and legal battles later on.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.