Cohabitation and Separation:
Understanding Your Rights and Responsibilities In recent years, cohabitation, when two people live together...- 05 November 2025
Posted: 05 November 2025
In recent years, cohabitation, when two people live together in a relationship without being married, has become increasingly common. Despite its prevalence, many couples are unaware that cohabitation does not automatically grant them the same legal rights as married couples. When a cohabiting relationship breaks down, this misunderstanding can lead to serious financial and emotional consequences.
Cohabitation refers to two people living together in a committed relationship without being married or in a civil partnership. Cohabiting partners may share finances, property, and children but legally, their relationship status is quite different from a married couple.
A common myth persists that couples who live together for a certain period acquire “common law marriage” rights. In reality, there is no such legal status in the UK. Cohabiting partners do not automatically have rights to each other’s property or pensions, unless certain steps are taken.
Cohabiting partners’ rights primarily depend on ownership and contribution. Key areas include:
If a home is owned by one partner, the other generally does not have an automatic right to a share unless they can establish a beneficial interest in the property, for example by way of their contribution, or by a legal agreement such as a Declaration of Trust.
Each partner is responsible for their own debts and bank accounts unless there are joint accounts or loans in both names.
Parents, whether married or not, have legal responsibilities toward their children. Both parents are likely to have parental responsibility, which ensures that they both have equal legal rights in regard to the upbringing of their children.
When a cohabiting relationship ends, there is no formal legal process comparable to a divorce. However, separation can raise significant legal and financial issues, in particular regarding property and children.
The key question is usually, “Who owns what?” Ownership will depend on the names on the title deeds and any evidence of financial contribution. If disputes arise, a party may seek relief under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
Even though cohabiting partners cannot claim spousal support, they can seek child maintenance through the Child Maintenance Service.
Disputes over where children live and how much time they spend with each parent can be resolved through negotiations, mediation or by way of a court application.
A Cohabitation Agreement is one of the most effective ways to safeguard each partner’s rights. It can set out:
This agreement can help prevent future disputes and provide clarity at a time that is often emotionally challenging
Cohabiting couples often underestimate the legal implications of living together without being married. Understanding your rights and taking proactive legal steps can provide peace of mind and protect you from potential hardship, if the relationship ends.
Cohabitation and separation can be complex areas of law, particularly when property, finances and children are involved. Early legal advice can prevent disputes from escalating and ensure your interests are properly represented
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If you require Family Law legal advice or require representation in a family court, please contact our expert Family Law Team. Call Chelmsford Office 01245 493959 or Braintree Office 01376 556690 or send an email.
Author: Daren Vythilingum Partner & Head of Family Department
- 05 November 2025
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