Cohabitation Rights in the UK: Legal Protection for Unmarried Couples

Cohabitation Rights in the UK: Legal Protection for Unmarried Couples

Many people believe that living together for years gives unmarried couples the same rights as those who are married. In England and Wales, this is simply not true. There is no such thing as ‘common law marriage’—no matter how long you’ve lived together, you do not automatically gain legal rights over each other’s property, inheritance, or finances.

What Rights Do Cohabiting Couples Have?

If you’re not married or in a civil partnership, you do not have:

• Automatic inheritance rights

• Claims on your partner’s property or pension

• Spousal maintenance rights

• The right to stay in the family home (unless you’re a legal owner)

Property Ownership Options

How you own your home together makes a big difference:

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

• Tenants in Common: Each of you owns a defined share, which you can leave to anyone in your will.

• Sole Ownership: If the property is in one name only, the other partner has no automatic rights, even if they’ve contributed to the mortgage or bills.

Protecting Yourselves: Cohabitation Agreements

A cohabitation agreement can help you both by:

• Setting out who owns what and how finances are managed

• Agreeing what happens if you separate

• Protecting both partners’ interests

Other Essential Planning Steps

• Make a will: Intestacy rules do not recognise cohabiting partners.

• Life insurance: Consider a policy written in trust for your partner.

• Pension nominations: Make sure any death benefits go to your partner.

• Lasting Power of Attorney: Allow your partner to make decisions if you lose capacity.

Why Planning Matters

Cohabiting couples need to be proactive. Without proper planning, the law offers very little automatic protection, so it’s important to take steps now to protect each other and your future.

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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.