When love isn’t enough: the legal risks of living together as an unmarried couple
“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 is what Emma thought when she and her partner James separated after more than a decade of building a life together. They never married, but they shared everything: holidays, bills, children, even the dog. When it came to dividing the house, Emma discovered something shocking. In the eyes of the law, cohabiting couples do not 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 one in five 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 is the catch.
Common-law marriage does not 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 do not automatically get a share in your partner’s property, even if you have been together for decades.
- You have no right to financial support, no claim to their pension, and you will not 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 separate and there is 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 is all about evidence:
- Did you contribute to the deposit or the mortgage?
- Is your name on the title deeds?
- Do you have a written agreement or a 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 children and decorated the nursery, but the law did not treat that as ownership. You can read more about how these claims are run on our unmarried financial settlements and TOLATA claims page.
What you can do to protect yourself
There are things couples can do to avoid Emma’s situation. Whether you are living together now, thinking about buying a home, or planning a family, start with these.
1. Declaration of trust
Sets out who owns what share of the home. Essential if one of you is paying more, or if the home is in a sole name only.
2. Cohabitation agreement
Outlines how finances, property and responsibilities are shared, and what happens if you separate. Our nuptial agreement solicitors prepare cohabitation agreements as well as prenuptial and postnuptial agreements.
3. Make a will
Unmarried partners do not inherit automatically. A will can make sure your partner is protected and your wishes are followed. Our wills and probate team can help you put one in place.
4. Get legal advice early
It is easier, and relatively cheaper, to plan now than to fight later.
The law might change, but do not 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 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 do not have to get married. But you do need to protect yourself.
Love may be priceless, but property, pensions and peace of mind are worth putting in writing. Protect what you have built before it is too late.
If you wish to discuss this further, feel free to get in touch with our family solicitors. We are more than happy to help.
This article is general information and does not constitute legal advice. Every family situation is different, and the law as it applies to your circumstances may differ from the general position described here.
FAQs
No. Common-law marriage does not exist in England and Wales, however long a couple has lived together. Cohabiting partners have no automatic right to a share of each other’s property, no right to financial support, no claim to a pension and no automatic inheritance if one of them dies without a will.
A claim under the Trusts of Land and Appointment of Trustees Act 1996. It allows the court to decide who owns what share of a property and whether it should be sold. Unlike divorce, the court is not dividing assets between partners; it is deciding ownership on the evidence.
Possibly, but it depends on the evidence. Contributions to the deposit or mortgage, a written agreement or a declaration of trust all help. Without that evidence, the court may treat the person named on the title as the sole owner. Paying household bills or caring for the children does not, by itself, create ownership.
Record ownership in a declaration of trust, set out finances and responsibilities in a cohabitation agreement, make a will so your partner is provided for, and take legal advice early rather than after a dispute has started.