15th July 2026 ❘

Do Unmarried Couples Have Legal Rights? A Guide to Cohabitation

Do unmarried couples have legal right? A guide to cohabitation

More couples than ever are choosing to live together without getting married or entering into a civil partnership. However, many people are surprised to discover that unmarried couples do not enjoy the same legal protections as married couples.

This misunderstanding is often referred to as the myth of the “common law marriage”.  The Government has previously proposed introducing a “Cohabitation Right” however, there have not been any developments in the law. As it stands, couples in England and Wales do not have the same legal rights as those who are married or in civil partnerships.

Is There Such a Thing as a Common Law Spouse?

In England and Wales, living together for a long period does not automatically create the same legal rights as marriage or civil partnership. Even if you have children with your former partner or have lived together for a substantial period, it can be difficult to claim a share in the family home or your partner’s finances if you were to split.

This can lead to unexpected difficulties if a relationship breaks down.

Property Ownership and Cohabitation

One of the most common areas of dispute concerns property ownership.

Questions often arise regarding:

  • Contributions towards a property purchase
  • Mortgage payments
  • Home improvements
  • Beneficial interests in a property

The outcome will depend on the individual circumstances and available evidence. A family solicitor will be able to advise you further upon reviewing the relevant documentation in your case.

Protecting Yourself with a Cohabitation Agreement

A cohabitation agreement can help couples set out their intentions regarding:

Property Ownership

Clarifying who owns what and how assets should be dealt with.

Financial Contributions

Recording how household expenses and mortgage payments are shared.

Future Arrangements

Providing greater certainty if the relationship later ends. This may include how the net sale proceeds of sale are divided following separation.

What Happens if You Separate?

Without clear documentation, disputes can arise regarding property, finances and ongoing responsibilities.

Obtaining legal advice early can help identify your options, potentially avoid lengthy disputes and reduce legal costs.

Cohabitation Advice

Our Family Law team regularly advises unmarried couples across Newcastle, the wider North East and Cumbria. Whether you are moving in together, purchasing a property or facing a dispute following separation, we can provide support and practical legal guidance.

Get in Touch

If you would like advice regarding cohabitation agreements or cohabitation disputes, our Family Law Solicitors are available to assist – please just get in touch.