Ending Cohabitation: Legal Considerations for Unmarried Couples Ending Things

Cohabiting relationships don’t always last — and when they end, things can quickly become unclear, especially for unmarried couples.

Unlike divorce, there’s no formal separation process or guaranteed rights if you’re not married. Many find themselves in a legally vulnerable position after years of living together.

This guide explains what happens when you end a cohabiting relationship, what rights each partner has, and how to separate fairly — especially when property, finances, or children are involved.

Still living together? Read Legal Rights for Cohabiting Couples or Creating Cohabitation Agreements to understand your options.

Legal Status of Unmarried Couples: A Quick Recap

No matter how long they’ve lived together, unmarried couples do not have the same rights as married couples. This also applies when separating.

There’s no such thing as a “common law marriage” in the UK — a persistent myth we’ve addressed in this previous article.

What Happens to the Home?

If You’re Both Named on the Title or Tenancy

If the home is jointly owned or rented, you’ll both have legal rights. Options may include:

• Selling and dividing proceeds.

• One partner buying the other out.

• Agreeing who stays, temporarily or long-term.

For rented properties, both names on the tenancy may require joint action to end or transfer the agreement.

If Only One Partner Owns the Property

Things get more complicated if only one person legally owns the home. In this case:

• The non-owning partner doesn’t have automatic rights to stay or claim a share.

• However, they may be able to make a claim if they contributed financially to the property or mortgage, or if a trust was implied (e.g. through a verbal agreement or shared expenses).

💡 If you’re in this position, it’s essential to seek legal advice as soon as possible.

Dividing Possessions and Finances

When separating, you’ll need to agree on how to divide:

• Household furniture and possessions.

• Joint bank accounts and savings.

• Shared debts (e.g. loans in both names).

Key things to keep in mind:

• There’s no legal obligation for either party to financially support the other once separated.

• Assets in one person’s sole name (like cars or personal savings) generally remain theirs — unless proven to be jointly purchased or used.

📝 Keeping a record of contributions during the relationship — whether towards bills or shared purchases — can help in reaching fair agreements.

Children and Parental Responsibility

If you share children, legal responsibilities continue regardless of marital status.

• Both parents may have parental responsibility, depending on registration and involvement.

• The child’s wellbeing is the court’s primary focus in any disputes.

• You’ll need to decide:

  • Where the child will live.

  • Contact arrangements with the other parent.

  • Financial support (child maintenance).

💡 You can calculate child maintenance using the Child Maintenance Service calculator.

Practical Steps When Ending a Cohabiting Relationship

1. Have an honest conversation.

Try to agree on practical matters like the living situation, money, and care of children.

2. Seek independent legal advice.

Even if you part on good terms, legal clarity can prevent future conflict.

3. Consider mediation.

A trained family mediator can help you agree on the division of property, parenting arrangements, or financial matters — without going to court.

4. Document your agreements.

Written agreements, especially regarding property or children, provide clarity. A solicitor can help formalise these.

5. Notify relevant institutions.

Update joint accounts, insurance policies, benefits, wills, and your council tax situation as soon as possible.

The Role of Cohabitation Agreements & Declarations of Trust

While these documents are most useful before separation, they can provide structure if already in place.

• A cohabitation agreement outlines how property and assets will be divided — you can read more about them here.

• A declaration of trust specifies how much each partner owns in a property.

If these aren’t in place, it’s still possible to reach post-separation agreements with legal support.

When You Can’t Agree: Going to Court

If negotiations or mediation fail, you may need to apply to the court for:

• A financial settlement under TOLATA (Trusts of Land and Appointment of Trustees Act 1996).

• A Schedule 1 application for financial provision for a child (if applicable).

• A Child Arrangements Order under the Children Act.

Court should be a last resort — it’s often more stressful, costly, and time-consuming.

Conclusion

Ending a cohabiting relationship can be just as emotionally complex as a divorce — but the legal protections are very different.

Unmarried couples must be proactive in understanding their rights and responsibilities, especially around property, finances, and children. Whether you’re just separating or trying to untangle shared commitments, early legal advice can make a significant difference.