Legal Rights for Cohabiting Couples in the UK (2025 Update)
More and more couples are choosing to live together without getting married. However, while cohabitation is increasingly common, the legal protections for cohabiting couples in the UK remain limited. Many people mistakenly believe in the idea of a “common law marriage,” assuming they have the same legal rights as married couples. Unfortunately, this is not the case.
In this guide, we’ll break down cohabiting couples’ key legal rights (and limitations), debunk the common law marriage myth, and explain how to protect yourself if you’re living together but not married.
The Myth of Common Law Marriage
Many people believe that living with a partner for a certain period automatically gives them the same rights as a married couple. This is known as the “common law marriage” myth. In reality, common law marriage is not legally recognised in the UK.
No matter how long you’ve lived together unless you are married or in a civil partnership, you do not have the same legal rights.
Legal Status of Cohabiting Couples in the UK
Cohabiting couples in the UK do not enjoy the same rights and protections as married couples. Here are some key legal areas where the differences are most apparent:
- Inheritance: If one partner dies without a will, the surviving partner does not automatically inherit anything (unless assets are jointly owned).
- Pensions: There is no automatic entitlement to a partner’s pension.
- Tax: Cohabiting couples are not eligible for the same tax benefits as married couples.
- Finances: There’s no legal obligation to support each other financially.
Living Together But Not Married: What Rights Do You Have?
While legal protections are limited, you do have some rights—particularly if steps are taken proactively:
- Property Ownership: You have rights if your name is on the title deeds or tenancy agreement.
- Joint Tenancies vs Tenants in Common: Joint tenants own the property equally. Tenants in common can specify ownership shares—important for cohabiting couples.
- Shared Bills and Finances: Keep records of financial contributions to rent or mortgage.
- Parental Responsibility: Unmarried fathers can gain parental responsibility by being named on the birth certificate.
- Protection from Domestic Abuse: Legal protection is available through non-molestation and occupation orders.
Protecting Yourselves: The Value of a Cohabitation Agreement
A cohabitation agreement is a legal document that outlines each partner’s rights and responsibilities while living together. It can help avoid disputes and protect both parties in case of separation.
You can include:
- Who owns what (property, assets, debts)
- Financial contributions to rent, bills, or mortgage
- Childcare responsibilities
- What happens if you separate
Cohabitation agreements are legally binding if properly drafted and signed with legal advice.
Wills, Inheritance & the Risk of ‘Predatory Marriage’
Unlike married couples, cohabitants have no automatic right to inherit if one partner dies without a will. That’s why writing or updating a will is essential.
There have also been recent discussions around “predatory marriage”—where vulnerable individuals are pressured into marriage, which can override earlier wills. This further highlights the importance of both legal clarity and protection for unmarried couples.
Children and Financial Support
Unmarried parents can still seek financial support for their children. Legal provisions under Schedule 1 of the Children Act 1989 allow for:
- Housing for the child and resident parent
- Maintenance or lump sums to cover education and care
While the relationship between the parents may not be legally recognised, the child’s needs remain a priority under UK law.
What Happens If You Separate?
Cohabiting couples do not have the same rights as divorcing spouses. If you split up:
- Property rights depend on ownership or contributions.
- Joint assets can be difficult to divide without an agreement.
- Child arrangements follow standard family law procedures.
- Mediation is often encouraged before legal proceedings.
Having a cohabitation agreement can make this process smoother and less contentious.
Potential Legal Reforms: What’s Changing?
In 2024, the UK government announced plans to review cohabitation laws to offer better protections to unmarried couples. Campaigners have long argued for reform to help families who live together but lack legal safeguards.
While change is not guaranteed, it’s clear that awareness and legal clarity around cohabitation are growing—and reforms may be on the horizon.
When to Seek Legal Advice
Consider speaking to a family solicitor if you:
- Are buying property together
- Have children and are unmarried
- Want to draft a cohabitation agreement
- Are separating and unsure of your rights
- Need to make or update a will
The Road Ahead
Cohabiting without legal protections can leave you vulnerable. There’s no such thing as a common law marriage in the UK, but there are ways to protect yourself.
Drafting a cohabitation agreement, making a will, and seeking professional legal advice can go a long way to ensuring peace of mind.
While proposed reforms aim to address legal gaps, progress remains slow. Until legislation changes, cohabiting couples must proactively secure their rights. As Jo Edwards, chair of Resolution’s family law reform committee noted regarding a study into cohabitation laws: “Choosing not to marry shouldn’t exclude individuals from legal protection when relationships end.”
Key Takeaway: Consult a family law specialist to draft a cohabitation agreement – a 2023 study found these reduce post-separation disputes by 76%. With 50% of cohabiting couples never planning to marry, such protections are no longer optional but essential.
Need legal support on cohabitation or family law? Contact our team today for expert advice.
