Cohabiting: UK Law Lacks Protection

Posted: 23 May 2025

 What the Law Doesn’t Give You:

Many couples choose to live together without marrying or entering a civil partnership. This arrangement, known as cohabitation, has become the fastest-growing family structure in the country. However, despite its increasing prevalence, many cohabiting couples are unaware that the law does not grant them the same legal rights as married couples, regardless of how long they have lived together or whether they have children.

 The Common-Law Marriage Misconceptions

One of the most common misconceptions is the idea of a “common-law marriage.” In the England, this concept simply does not exist. Cohabiting couples are not currently given the same protection as those who are married or in a civil partnership. As a result, should the relationship end or one partner dies, there are no automatic legal rights attached to property, inheritance or finances.

Legal Differences That Matter

• Property Rights: Legal ownership is determined by whose name is on the deeds or tenancy agreement. You could have lived in a home for years and may have no legal claim to it if it is not in your name.
• Inheritance: If your partner dies without a valid will, you are not legally entitled to inherit anything unlike a spouse or civil partner.
• Finances: There is no legal right to share each other’s finances after separation unless children are involved.

 How to Protect Yourself

Unmarried couples can safeguard their rights with a cohabitation agreement, declaration of trust regarding property and valid will. These documents offer clarity and legal protection if your relationship breakdown.

If you require Family Law legal advice or assistance with wills, please contact our expert Family Law Team or Probate Team . Call Chelmsford Office 01245 493959 or Ipswich Office  01376 556690 or send an email.