There are around 3.6 million cohabiting couples in England and Wales, and a significant portion of them are living with a dangerous misunderstanding. Many believe that living together for a number of years, or having children together, creates something called a "common law marriage" that gives them similar legal protections to married couples. It does not. There is no such thing as a common law marriage in English law, and never has been.
The legal reality
Cohabiting couples have no automatic right to each other's property, savings, pensions, or assets regardless of how long they have been together. If your relationship ends, there is no legal duty for one partner to financially support the other. If your partner dies without a will, you will inherit nothing from their estate under the intestacy rules, even if you lived together for decades. In that situation, the estate would instead pass to their closest relatives, potentially leaving a surviving partner without a share of a property they have lived in and contributed to for years.
There is also no provision for pension sharing between cohabiting couples. This can create a significant financial disparity in retirement, particularly where one partner has reduced their working hours or left employment entirely to care for children or the home.
When property is involved
If you are not named on the title deeds of your home, you have no automatic right to stay in the property if your partner ends the relationship or dies. In some cases, a court may find that you have a beneficial interest in the property if you can demonstrate financial contributions towards the deposit or mortgage, or if there was a clear understanding that you would have a share. But this is a complex and uncertain area of law that requires you to bring a claim under the Trusts of Land and Appointment of Trustees Act 1996, which is expensive, stressful, and not guaranteed to succeed.
What you can do right now
The good news is that you can take practical steps to protect yourself. A cohabitation agreement is a legally recognised document that sets out how you and your partner intend to manage property, finances, and assets during your relationship and what happens if it ends. It can be tailored to your circumstances and updated as your life changes.
If you own or are buying property together, a Declaration of Trust records each person's financial contribution and their respective ownership share. This provides important protection if the property is sold or if the relationship breaks down.
Making a will is essential. Without one, your partner will receive nothing from your estate under the intestacy rules. A will ensures that the people you want to benefit actually do.
Is change on the way?
There is growing political pressure for reform. The Labour government has committed to consulting on cohabitation law reform in Spring 2026, with proposals that could eventually give long-term cohabiting couples some automatic financial rights on separation and death. However, these reforms are not yet law, will take time to pass through Parliament, and are unlikely to offer the same level of protection as marriage. The best protection available to cohabiting couples right now is proper legal planning.
Our family law and estate planning teams work closely together to ensure you receive seamless, joined-up advice tailored to your individual circumstances. If you would like to discuss your situation, please do not hesitate to get in touch with our experienced team today — we are here to help.
Call us on 01253 629300.