08 Jul Cohabiting Couples & Property Rights: TOLATA Explained
08.07.2025 Legal Blog
TOLATA
When Love Isn’t Enough: The Legal Risks of Living Together
‘We’ve lived together for ten years. We raised our kids in this house. Of course, I have a right to half of it… Don’t I?’
That’s what Emma thought when she and her partner James separated after over a decade of building a life together. They’d never married, but they’d shared everything, such as holidays, bills, children, even the dog. But when it came to dividing the house, Emma found out something shocking:
In the eyes of the law, cohabiting couples don’t have the same rights as married couples. Not even close.
More People Are Living Together – But Not Getting Married
Emma and James are far from unusual.
A UK government report found that the number of unmarried couples living together more than doubled from 1.5 million in 1996 to 3.6 million in 2021. That means more than 1 in 5 couples now live together without being married, making it the fastest-growing type of family in the UK.
These days, most people under 35 live with their partner before getting married — if they choose to marry at all at a later date.
But here’s the catch…
Common-Law Marriage Doesn’t Exist
Despite what nearly half of UK adults believe, there is no such thing as a “common-law marriage” in England and Wales.
- If you live together without marrying, you don’t automatically get a share in your partner’s property, even if you’ve been together for decades.
- You have no right to financial support, no claim to their pension, and you won’t automatically inherit if they die without a will.
In fact, 46% of people wrongly believe that long-term cohabiting couples have the same legal rights as married couples.
Emma learned that the hard way.
So What Are Your Options?
When cohabiting couples break up and there’s a dispute over the family home, the legal tool often used is the Trusts of Land and Appointment of Trustees Act 1996, also known as TOLATA.
Think of it like this:
If marriage gives you a family law parachute, TOLATA hands you a dusty old map and tells you to find your own way out.
Under TOLATA, the court can decide who owns what in a property, but it’s all about evidence:
- Did you contribute to the deposit or mortgage?
- Is your name on the title deeds?
- Do you have a written agreement or declaration of trust?
If not, the court may assume the person named on the property owns all of it.
That was James. The house was in his name. Emma had paid the bills, cared for the kids, and decorated the nursery, but the law didn’t see that as ownership.
What You Can Do to Protect Yourself
There are things couples can do to avoid Emma’s situation. Whether you’re living together now, thinking about buying a home, or planning a family, start with these:
- Declaration of Trust
Sets out who owns what share of the home. Essential if one of you is paying more or the home is in sole name only.
- Cohabitation Agreement
Outlines how finances, property, and responsibilities are shared, and what happens if you separate.
- Make a Will
Unmarried partners do not inherit automatically. A Will can make sure your partner is protected and your wishes are followed.
- Get Legal Advice Early
It’s easier and relatively cheaper to plan now than to fight later.
The Law Might Change – But Don’t Wait
The Law Commission recommended reform as far back as 2007. In 2022, the Women and Equalities Committee called for new legal protections for cohabiting couples. But the change is slow, and nothing concrete has happened yet.
Meanwhile, stories like Emma’s continue every day, heartbreaking legal battles that could have been avoided with a little paperwork and good advice.
Final Thought
You don’t have to get married.
But you do need to protect yourself.
Love may be priceless, but property, pensions, and peace of mind? Those are worth putting in writing.
Protect what you’ve built before it’s too late.
If you wish to discuss this further, feel free to get in touch with our family solicitor. We are more than happy to help.