However, a persistent myth endures - the idea that if you live with your partner for a long time, you automatically become ‘common law’ husband and wife. Common law marriage has, in fact, no legal standing and cohabiting couples do not automatically gain the rights and protections afforded to married couples or civil partners.
This misconception can have serious consequences. Couples who live together, even for many years and with children, are legally considered ‘cohabitants’, rather than spouses. Unlike married couples, they have very limited statutory protections if the relationship ends. The law does not automatically provide a right to share property acquired in one partner’s name, even if both parties have contributed financially to the household or assets.
For example, if the property is legally owned by one partner, that person remains the sole legal owner. Contributions towards mortgage payments, household bills or renovations do not automatically confer ownership rights. The courts may consider financial contributions and other factors in certain circumstances, but without a formal agreement in place, the non-owning partner may have little or no legal claim. This can be particularly distressing for couples with children, where one partner may have devoted years to caring for the family but has no automatic claim to the family home.
Cohabiting couples also may not be aware that they do not have the same inheritance rights as married couples. If one partner dies without a Will, the surviving partner does not automatically inherit their estate. Similarly, there are no automatic rights to pension benefits or use of bank accounts in the deceased’s sole name.
The lack of statutory protection often leaves cohabitants vulnerable and reliant on complex trusts and property laws to assert their interests, which is a legal process that can be costly, stressful and uncertain.
Recognising the challenges faced by cohabiting couples, on 5 June 2026, the UK Government launched a consultation on the legal protections for unmarried cohabiting couples, with the aim of creating a more modern legal framework that reflects the realities of family life today. The consultation seeks views on whether reforms are needed to strengthen rights for cohabitants and address the gap between marriage and cohabitation. Further protections may include:
This consultation marks an important step towards addressing long-standing inequities in the law and recognising the reality of modern family life. Legal experts and advocacy groups have welcomed the consultation, highlighting that there are approximately 3.5 million cohabiting couple families in the UK.
Until any reforms are enacted, cohabiting couples must take proactive steps to protect themselves. This includes seeking legal advice before moving in together, creating Cohabitation Agreements and ensuring clarity over property ownership and financial arrangements. Cohabitation Agreements can set out how property, savings and debts are shared, providing certainty and reducing the risk of future disputes. While these agreements cannot replicate all the protections of marriage, they are a valuable tool for safeguarding both partners’ interests.
It is important for cohabiting couples to obtain legal advice before moving in together to protect themselves. If you are considering moving in with your partner or purchasing a property together, our Family lawyers at CooperBurnett LLP are here to advise you on Cohabitation Agreements and whether it would be an appropriate option for you. By planning ahead, couples can ensure their contributions and expectations are recognised, reducing uncertainty and avoiding potentially costly disputes in the future.
If you wish to discuss this further, please do not hesitate to contact Melissa Gire by email: meg@cooperburnett.com or Gemma Gillespie by email: gjg@cooperburnett.com or tel: 01892 515022
This blog is not intended as legal advice that can be relied upon
Originally published in Crowborough News: https://crowborough.news/
