Legal Rights of Cohabiting Couples: What You Need to Know
Cohabitation—where a couple lives together without being married or in a civil partnership—is increasingly common in the UK. Many couples assume that living together for a certain period grants them legal rights similar to married couples. However, “common law marriage” is a myth in UK law—cohabiting couples do not have the same legal protections as those who are married or in a civil partnership.
Understanding your legal rights is crucial, especially when it comes to property, finances, children, and separation. This article explores the legal position of cohabiting couples in the UK and the steps they can take to protect themselves.
1. Do Cohabiting Couples Have Legal Rights?
Unlike married couples or civil partners, cohabiting couples do not automatically acquire financial or legal rights over each other’s assets, no matter how long they have been together. This means:
- There is no automatic right to inherit your partner’s property unless they have made a will.
- You are not entitled to your partner’s pension or other financial support upon separation.
- Property ownership depends on legal title rather than the length of the relationship.
To safeguard your interests, legal agreements such as cohabitation agreements, wills, and property ownership declarations are essential.
2. Property Rights for Cohabiting Couples
A. Sole Ownership
If a home is legally owned by one partner, the other has no automatic right to claim a share, even if they contributed financially (e.g., paying bills or renovations).
However, in some cases, the non-owning partner may make a claim under trust law if they can prove:
- They contributed financially with the expectation of ownership.
- There was a clear agreement or understanding that they would have a share in the property.
B. Joint Ownership
If the couple bought a home together, ownership depends on how the property is registered:
- Joint Tenants: Both partners own an equal share, and if one partner dies, the other automatically inherits the property.
- Tenants in Common: Each partner owns a specific share (e.g., 60/40). This is crucial if one person contributed more to the purchase. If one partner dies, their share passes according to their will.
🔹 Legal Tip: If you are contributing to a property that is not in your name, get a legal agreement in writing to protect your financial interest.
3. Financial Rights & Responsibilities
Cohabiting couples have no legal duty to financially support each other after separation, unlike married couples who can seek spousal maintenance.
However, some legal options exist:
- Joint Debts: If both names are on a credit agreement (e.g., a loan or mortgage), both partners are liable for repayment.
- Unjust Enrichment: In some rare cases, a partner can claim compensation if they financially contributed to their partner’s assets but were left with nothing after separation.
🔹 Legal Tip: If you share finances, keep records of contributions and consider a cohabitation agreement to clarify financial responsibilities.
4. Parental Rights & Responsibilities
Unmarried parents have legal rights and responsibilities towards their children, but they differ based on circumstances.
- Mother’s Rights: A birth mother automatically has parental responsibility (PR) for the child.
- Father’s Rights: A father automatically has PR if he is named on the birth certificate (for children born after December 1, 2003). Otherwise, he must obtain PR through a court order or a formal agreement with the mother.
Child Support
Regardless of relationship status, both parents are legally required to financially support their child. The Child Maintenance Service (CMS) can determine payments if parents cannot agree.
Child Custody & Living Arrangements
If a cohabiting couple separates, there is no automatic assumption that a child will live with one parent. The court prioritises the child’s best interests, considering factors such as:
- The child’s relationship with each parent.
- Stability and living arrangements.
- The ability of each parent to provide care.
🔹 Legal Tip: Parents can create a Parenting Plan outlining how they will share responsibilities after separation.
5. Inheritance Rights & Wills
Cohabiting partners do not automatically inherit each other’s estate unless specified in a will. If one partner dies without a will (intestacy rules apply):
- The surviving partner receives nothing.
- The deceased’s estate passes to their closest blood relatives (e.g., children, parents, siblings).
However, a surviving cohabiting partner can make a legal claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased.
🔹 Legal Tip: Cohabiting couples should make wills to ensure their partner inherits their assets.
6. What Happens When Cohabiting Couples Separate?
Since there are no legal protections for division of assets, cohabiting couples need to resolve issues like:
- Who stays in the home (especially if only one partner legally owns it).
- How shared debts or joint accounts are handled.
- Child arrangements and financial support.
If disputes arise, mediation or legal action may be necessary. Unlike divorce, there is no legal requirement for a formal separation process, but legal advice is highly recommended.
🔹 Legal Tip: A cohabitation agreement can outline what happens in case of separation, reducing legal disputes.
7. How Cohabitation Agreements Protect Couples
A cohabitation agreement is a legally binding document that sets out each partner’s rights and responsibilities. It can cover:
- Property ownership and financial contributions.
- Household expenses and shared responsibilities.
- What happens in case of separation (e.g., division of assets, child arrangements).
This agreement offers legal clarity and can help prevent costly disputes.
🔹 Legal Tip: Seek legal advice when drafting a cohabitation agreement to ensure it is valid and enforceable.
8. Key Steps to Protect Your Rights as a Cohabiting Couple
1️⃣ Clarify Property Ownership: Ensure property agreements reflect your contributions and intentions.
2️⃣ Make a Will: Protect your partner’s inheritance rights.
3️⃣ Create a Cohabitation Agreement: Define financial and property rights in writing.
4️⃣ Understand Parental Rights: Ensure both parents have legal parental responsibility.
5️⃣ Seek Legal Advice: Protect yourself against potential disputes or legal issues.
Final Thoughts
While cohabitation is a popular choice, UK law does not provide the same rights as marriage or civil partnership. Without proper legal protections, cohabiting partners may find themselves vulnerable in case of separation, death, or financial disputes.
At TPC Legal, our experienced family law solicitors can help you:
✔ Draft a cohabitation agreement to safeguard your rights.
✔ Assist with property and financial disputes.
✔ Advise on parental responsibility and child arrangements.
✔ Help you draft a legally binding will.
If you need expert legal guidance, contact TPC Legal today for a consultation. Protect your future with the right legal advice.