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Marriage and civil partnership give a couple a wide set of automatic legal rights, to property, pensions, inheritance and financial support if the relationship ends. Cohabiting couples gain almost none of these, no matter how long they live together. Despite what many people believe, there is no such thing as “common law marriage” in England and Wales, and that gap leaves many unmarried couples far less protected than they assume.
Is there such a thing as common law marriage?
No. It is one of the most common and damaging myths in family law. Living together for many years, sharing finances, buying a home together or having children does not create any legal status between a couple. Around 3.6 million couples in England and Wales were cohabiting in 2021 (about 22% of couples living together), and surveys repeatedly show that a large proportion wrongly believe they have marriage-like protection. Many only discover the truth at the worst possible moment, on separation or after a death.
What rights does marriage or civil partnership give you?
On marriage or civil partnership, the law treats the couple as an economic partnership. If the relationship ends, the court has wide powers to redistribute assets to achieve a fair outcome. These rights include:
- The power for the court to share property, savings and pensions, and to order spousal maintenance
- Automatic inheritance under the intestacy rules if one partner dies without a will
- Exemption from inheritance tax on transfers between spouses or civil partners
- Recognition as next of kin, and survivor benefits under many pension schemes
What rights do cohabiting couples have?
Far fewer. A cohabitant has no automatic right to a share of property held in the other person’s sole name, no right to maintenance for their own benefit, and no automatic inheritance if their partner dies without a will. There is no concept of dividing assets fairly simply because the couple lived together. The protections that do exist are narrow and often hard to enforce.
What claims can a cohabitant actually make?
A cohabitant may be able to claim in limited circumstances. These include a claim for a share of a property under trust law (showing a financial interest), a claim on behalf of any children under Schedule 1 of the Children Act 1989, or a claim against a deceased partner’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. Each route is technical, fact-dependent and can be expensive. Our cohabitation disputes page explains these in more detail.
What happens to the home when cohabitants separate?
Much depends on how the property is owned. Where both partners are named owners as joint tenants, the starting point is usually an equal share. Where the home is in one partner’s sole name, the other may have to prove a beneficial interest through a constructive or resulting trust, which is difficult without clear evidence of the parties’ intentions and financial contributions. A declaration of trust recording each person’s share at the time of purchase avoids most of these arguments.
Could the law change?
It may. In June 2026 the Government launched a consultation on reforming the law for cohabiting couples, alongside a wider review of financial provision on divorce. It has been described as the most significant review of cohabitants’ rights in a generation, and the Law Commission has long recommended reform. However, no new law has yet been passed, so the limited protections set out above remain in force for now.
How a cohabitation agreement protects you
Until the law changes, the most reliable protection is a cohabitation agreement. This records who owns what, how the home and outgoings are shared, and what should happen if you separate. Recording how you hold the property, as joint tenants or tenants in common, is equally important, and a declaration of trust can set out unequal shares where one partner has contributed more. We are happy to advise on either. To talk it through, please request a callback and our family law team will be in touch.
Frequently asked questions
Is common law marriage a real thing?
No. There is no such thing as common law marriage in England and Wales, however long a couple has lived together.
Do cohabiting couples have any legal rights?
Very few. They have no automatic right to each other's property, no maintenance, and no automatic inheritance if a partner dies without a will.
How can unmarried couples protect themselves?
The most reliable steps are a cohabitation agreement and a declaration of trust setting out who owns what, together with making a will.
Could the law on cohabitation change?
The Government launched a consultation on cohabitation reform in 2026, but no new law has been passed yet, so the current rules still apply.