More couples than ever are choosing to live together without marrying. While relationships have evolved, the law has not kept pace. In 2025, unmarried couples in the UK still have far fewer legal protections than married couples or civil partners. Understanding the risks—and knowing how to protect yourself—can make a huge difference.
There’s no such thing as “Common Law Marriage”
A widespread misconception is that living together for a certain number of years gives you the same legal rights as a married couple. This is not true in the UK.
Scenario: Emma and James lived together for 12 years and bought a flat in Emma’s name alone. When they separated, James discovered he had no legal claim to the property, despite contributing to the mortgage and bills for over a decade. Without a cohabitation agreement, years of investment and effort can be lost.
This is why it’s essential to understand that cohabiting does not create automatic legal rights, and planning ahead is critical.
Cohabitation Laws across the UK
The legal protections available to unmarried couples vary depending on where you live:
England and Wales: Cohabiting partners have very limited rights. Property stays with the person named on the title, and there is no guaranteed financial support on separation. Inheritance is protected only if there is a will.
Scenario: Alex moved in with Sam and helped pay for renovations to Sam’s house. When the relationship ended, Alex could not claim reimbursement for the money spent because the property was solely in Sam’s name.
Scotland: Some legal mechanisms, such as cohabitation agreements and claims under family law, provide slightly more protection, but these remain narrower than the rights of married couples.
Northern Ireland: The legal position is similar to England and Wales, leaving cohabitants exposed unless they take proactive steps.
Proposed reforms and what they could mean
Lawmakers have recognised that cohabiting couples need more protection. Current discussions focus on:
- Allowing partners to claim a share of property or assets built up during the relationship.
- Giving cohabitants certain inheritance rights if a partner dies intestate.
- Recognising caregiving responsibilities, particularly when children are involved.
However, no reform has been implemented, and there is no confirmed timeline. Couples must continue to protect themselves in the meantime.
Practical steps to protect yourself
Cohabitation Agreements
These agreements can set out how property, savings, and responsibilities will be shared.
Scenario: Lucy and Mark bought a house together, but only Mark’s name was on the title. They signed a cohabitation agreement specifying that Lucy would have a 40% share if they ever separated, protecting both parties.
Wills and Estate Planning
Without a Will, a partner who dies intestate may leave their estate entirely to family members, leaving the surviving partner with nothing.
Scenario: Hannah and Tom lived together for years. Tom passed away without a Will, and Hannah was left with no legal claim to the house or savings. A properly drafted Will would have ensured she was financially secure.
Legal Advice
Consult a family or property law specialist when buying property, taking out joint loans, or raising children together. Legal advice can prevent disputes and clarify rights.
Clear Communication
Discuss finances, future plans, and expectations early. Being transparent reduces misunderstandings and protects both partners.
How can we help
Living together does not automatically give you the legal rights of a married couple. There is no common law marriage in the UK, and without proper agreements or planning, cohabiting partners may find themselves unprotected.
By taking proactive steps—drafting cohabitation agreements, making wills, and seeking legal advice—couples can safeguard their finances, property, and family arrangements. Understanding the law and planning ahead ensures that your relationship is secure, whatever the future holds. Contact us today to arrange a fixed-fee confidential appointment.
