Living Together: Cohabitation Rights | Nelson Myatt Solicitors

The common-law marriage myth

Many couples believe that living together for a certain number of years gives them the same rights as a married couple. It does not. In England and Wales there is no such thing as common-law marriage, and unmarried partners have no automatic right to a share of each other's property, income or pension if they separate, or to inherit if one of them dies.

What rights do unmarried couples have?

Your home. Your rights depend on who is on the title and any agreement you have made. If the home is in one name, the other partner may have to prove a share under the law of trusts.
Children. Both parents have responsibilities towards their children, and the court can make orders for the children's financial support and housing, whether or not the parents were married.
If your partner dies. You will not inherit under the intestacy rules. Without a will, you may have to apply to the court for provision.
Pensions. Unmarried partners cannot be given a share of a pension on separation, and survivor benefits depend on the scheme's rules.

Is the law changing?

The government consulted in June 2026 on giving cohabiting couples limited financial rights when they separate and inheritance rights if a partner dies. The consultation closed on 14 August 2026, and the government is now considering the responses. The law has not changed yet, so you should not rely on rights that may be introduced later. We will update this page if it does.

How to protect yourself now

A cohabitation agreement records how you will deal with the home, your finances and your belongings if you separate.
A declaration of trust records who owns what share of your home, which prevents argument later.
Wills for both of you, so that your partner is provided for.
Pension nominations, so that death benefits go where you intend.
Lasting powers of attorney, so that your partner can make decisions for you if you lose capacity.

We can advise on all of these. See also our guides to arrangements for children after separation and wills.

Frequently asked questions

Is there such a thing as common-law marriage?

No. However long you live together, and whether or not you have children, you do not acquire the legal rights of a married couple. The phrase “common-law husband or wife” has no legal meaning in England and Wales.

What happens to our home if we split up?

It depends on who owns it and on what you have agreed, not on how long you have lived together. If the home is in one name, the other partner may have to prove a share through the law of trusts, which can be difficult and expensive. A declaration of trust, recording who owns what, avoids this.

What if my partner dies without a will?

An unmarried partner does not inherit automatically under the intestacy rules. In some circumstances, for example if you lived together as a couple for at least two years before the death, you can apply to the court for provision, but it is far safer to make a will.

Is a cohabitation agreement legally binding?

A properly made agreement, with full disclosure and independent advice for each of you, can be enforceable as a contract. It cannot take away the court's powers over arrangements for children.

Useful links

Resolution — family justice professionals committed to a constructive approach
Citizens Advice — free, confidential advice
GOV.UK: Money and property when you divorce or separate — official guidance

More helpful sites are collected on our useful links page. We are not responsible for the content of other websites. This page gives general information, not legal advice, and is correct as at October 2026.