Cohabitation Disputes.
Unmarried couples have far fewer legal rights than they expect, there is no such thing as common-law marriage. We help cohabitants resolve disputes over property, children and finances, and put protections in place.
Do cohabiting couples have any legal rights?
Living together gives you very few automatic legal rights against each other, however long you have been a couple. There is no such thing as common-law marriage in England and Wales, it is a myth. Unlike married couples and civil partners, cohabitants have no automatic right to a share of each other’s income, pension or savings simply because they lived together. The only firm legal links are through jointly owned property and through children. The law here is widely seen as out of step with how people live, and it is currently under review by the Law Commission, but the position above is the law as it stands.
Who owns the home when you separate?
For most cohabiting couples, the home is the biggest issue, and who gets what depends on how it is owned. If you are joint legal owners, the starting point is usually an equal split unless a declaration of trust records different shares. If only one of you is on the title, the other may still be able to show a “beneficial interest”, a share earned through contributions and a shared understanding, but those claims are fact-specific and often hard-fought. Disputes over jointly owned property are resolved under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which lets the court decide the shares and, if necessary, order a sale.
Claims involving children
Where there are children, the picture changes. Both parents can be required to pay child maintenance through the Child Maintenance Service, and in some cases a parent can apply to court under Schedule 1 of the Children Act 1989 for further provision for a child, which can include housing. These are claims for the child’s benefit, not for the parent. Arrangements for where children live are dealt with in the same way as for any separating parents; see child arrangements.
How to protect yourself
Because the law offers so little by default, protection is something you put in place. A cohabitation agreement records how you will deal with property, finances and belongings if you separate; a declaration of trust records exactly what share each of you owns in your home; and a will ensures your partner is provided for, since they have no automatic right to inherit (see making a will). Put together at the outset, these are far cheaper and calmer than a dispute later. GOV.UK sets out the basics of your rights when living together.
What happens if your partner dies?
This is where many cohabitants are caught out. If your partner dies without a will, you do not automatically inherit, the estate passes to their blood relatives under the intestacy rules. If you lived together as a couple for at least two years before their death, you can apply to court for reasonable provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975, but you must act within six months of the grant of probate. Time limits here are strict, so take advice promptly.
How we can help
We act for unmarried couples across South Wales and the South West, resolving property and financial disputes when a relationship ends, and putting agreements in place to prevent them. To talk things through, you can request a callback or contact our family team.
The law gives unmarried couples little, so we focus on the practical: protecting what's yours and resolving property fairly when things end.
Our approachClear advice. Practical next steps.
Every cohabitation disputes matter is different. We start by understanding your situation before we recommend an approach.
We won't push you toward a process that doesn't fit. We won't drag things out. And we'll always tell you what something will cost before we start it.
- A dedicated specialist for your matter, backed by the wider Robertsons family law team
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- Plain-English advice — no jargon, no surprises
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Real stories from real clients
“I've had Rebecca Baker represent me for a few years, and will continue to use her if need be. She was very accurate, honest and direct.”Sara Plumb Family law
“Rebecca Baker was amazing throughout the entire process. Her positivity and dedication are what got me through. I can't thank you enough - you are an outstanding solicitor.”Anthony Smith Family law
“Rebecca was absolutely amazing. She was in constant communication which made the whole process much easier during a difficult time. I would highly recommend Robertsons Solicitors.”Jordan Aimee Family law
Who would be looking after you?
Some of your cohabitation disputes team at Robertsons.
Amy Lewis
Amy is a Family Law solicitor. She advises on divorce and separation, child arrangements and financial settlements, bringing a calm and empathetic approach to clients navigating some of the most difficult periods of their lives.
View profileBabar Khan
Babar is a Trainee Solicitor in the Family Department, gaining experience across divorce, financial remedies and children matters. Before his training contract he worked as a paralegal in the firm's Secured Lending and Debt Recovery teams, and previously advised on civil, consumer and property disputes as a Legal Advisor
View profileChris Barber
Chris is the Managing Director of Robertsons Solicitors and works alongside the Family Law team. He specialises in complex financial settlements, cohabitation disputes and children matters. Recognised in The Legal 500, he is known for his calm, personable approach and his ability to remove the complexity from difficult situations.
View profileHannah Magee
Hannah is a Director and heads the Family Law team. She specialises in complex divorce and high-net-worth financial cases, including matters involving trusts, businesses and international assets. Ranked in Chambers & Partners and The Legal 500, she is known for her calm, thorough and client-focused approach.
View profileQuestions clients ask us about cohabitation disputes
Generally no — there is no equivalent of spousal maintenance for unmarried couples in England and Wales. You cannot claim a share of your former partner's income or pension simply because you lived together. The exception is where you have children together: either parent can apply to the Child Maintenance Service for child maintenance, and in some circumstances can apply to court for additional financial provision for a child's benefit under Schedule 1 of the Children Act 1989 — which can include housing. Claims for financial support for yourself personally, however, are not available to unmarried partners in the way they are for spouses.
It depends on the type of claim. Property claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) are subject to a 12-year limitation period for claims relating to land — but delay can seriously weaken a claim as evidence becomes harder to gather and courts may draw adverse inferences from inaction. Claims under the Inheritance Act following a partner's death must be brought within six months of the grant of probate. Child maintenance can be pursued at any time while a child is under 16 (or 20 if in full-time education). Taking advice as soon as a relationship ends is strongly recommended — do not assume there is plenty of time.
Possibly — but it is not straightforward. Legal ownership follows the names on the title deeds, so if your name is not there, you have no automatic entitlement. However, you may be able to establish a beneficial interest in the property through a constructive trust or proprietary estoppel — legal doctrines that recognise informal arrangements and contributions. To succeed, you would generally need to show that there was a common intention that you would have a share, and that you acted to your detriment in reliance on that understanding — for example by contributing to mortgage payments, funding renovations, or giving up other financial opportunities. These claims are fact-specific, often contested, and require legal advice early.
Unmarried partners have no automatic right to inherit under the intestacy rules — the estate passes to blood relatives regardless of the length of the relationship. However, if you were living with your partner as their partner for at least two years immediately before their death, you can apply to court for reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. Such claims must be brought within six months of the grant of probate. You may also have a claim to a share of any jointly owned property, depending on how it was held. Taking legal advice promptly after bereavement is essential — the time limits are strict.
It depends on how you own the property and what, if anything, you agreed at the time of purchase. If you own it as joint tenants with equal shares, the default position is a 50/50 split. If you own it as tenants in common, your shares may be unequal and should be recorded in a declaration of trust — if one exists, that document governs the split. If there is no declaration of trust and you dispute the shares, the court must determine what was intended based on evidence of contributions, discussions, and conduct. This can be costly and uncertain. The starting point where there is no agreement is that whoever paid more does not automatically get more — the court looks at the whole picture.
No. There is no such thing as common law marriage in England and Wales — it is a legal myth. No matter how long you have lived together, cohabiting does not create the financial rights that marriage or civil partnership provides. You cannot claim a share of your partner's pension, income, or assets simply on the basis of the length of your relationship. The only automatic financial connection between unmarried partners is through jointly owned property and children. This is one of the most significant and widely misunderstood gaps in family law. The only reliable way to protect yourself is through a cohabitation agreement, a declaration of trust, and a will.
The evidence needed depends on the basis of your claim. For a constructive trust claim — arguing you have a beneficial interest despite not being on the title — useful evidence includes bank statements showing contributions to the mortgage or household expenses, receipts for renovation work, correspondence or messages discussing ownership, witness evidence of conversations about the property, and any written agreements however informal. The stronger and more contemporaneous the evidence, the better: courts are sceptical of claims reconstructed years after the fact. Gathering and preserving documents as early as possible — ideally as soon as the relationship breaks down — significantly strengthens a claim.
Child arrangements — where children live and how much time they spend with each parent — are determined in the same way regardless of whether parents were married. The child's welfare is the court's paramount consideration. Unmarried fathers have parental responsibility automatically if they are named on the birth certificate (for births registered in England and Wales after 1 December 2003); if not, parental responsibility can be acquired by agreement or court order. If parents cannot agree on arrangements, either can apply to the family court for a child arrangements order. The absence of marriage has no bearing on a father's ability to apply for or be granted a meaningful role in his children's lives.
A cohabitation agreement is a written contract between unmarried partners setting out how assets, property, finances, and other practical matters will be dealt with if the relationship ends. It can cover who owns what share of a jointly owned property, how household expenses are split, and what happens to pets, savings, and personal possessions. A well-drafted cohabitation agreement, signed by both parties with independent legal advice, is treated as a binding contract by the courts — it is not automatically enforceable in the same way as a court order, but a court will generally uphold it unless it is unfair or one party was misled. Making one at the outset of a relationship is significantly easier and cheaper than litigating over assets after it ends.
A trust of land claim — brought under the Trusts of Land and Appointment of Trustees Act 1996, commonly called TOLATA — is the main legal mechanism for resolving disputes between unmarried couples over property. It allows either party to ask the court to declare what shares each person holds in a property, and to order a sale if the parties cannot agree. TOLATA claims are not limited to couples — they can be used by any co-owners in dispute, including friends or family members who have purchased property together. If you and a former partner cannot agree on what to do with a jointly owned property, a TOLATA claim is likely the route to resolution.
Unmarried couples have very few automatic legal rights against each other on separation — far fewer than married couples or civil partners. There is no right to a share of a partner's income, pension, or assets simply because you have lived together, regardless of the length of the relationship. Financial claims are limited to property you can demonstrate a legal or beneficial interest in, claims relating to children, and in some circumstances claims under the Inheritance Act if a partner has died. The absence of legal protection for cohabiting couples is one of the most significant gaps in family law, and it catches many people off guard.
Have a question that isn't covered here? Speak to one of our cohabitation disputes specialists directly.
Practical advice you can read at your own pace
The common law marriage myth: what unmarried couples need to know
Living together for decades gives you no automatic rights - common law marriage doesn't exist. What cohabiting couples can actually claim, and the steps that protect you.
Living apart together. What are the consequences for family law?
This article looks at this phenomenon and asks, ‘Are these people free from the reach of family law?’
Hudson v Hathway - Court of Appeal Decision On Constructive Trusts
This cases deals with the rights of parties to a property in cohabitation disputes. Is detrimental reliance required?
What Is the Legal Difference Between Marriage and Cohabitation?
Marriage and civil partnership give couples a wide set of automatic legal rights. Cohabiting couples gain almost none of them, however long they live together — and there is no such thing as…
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