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Cohabiting couples, those who live together without being married or in a civil partnership, are the fastest growing family type. However, many people mistakenly believe they have the same legal rights as married couples.
In reality, the law treats cohabiting couples very differently from those who are legally married.
Cohabiting couples have very limited legal rights compared to married couples, as "common law marriage" is not a legal concept in the UK. There are no automatic rights to a partner's property, savings, or inheritance, so couples should consider creating a cohabitation agreement and wills to protect themselves.
This article outlines your rights as a cohabiting couple in key areas such as property, finances, children, and inheritance.
Property rights
Unlike married couples, cohabiting partners have no automatic rights to each other’s property. If one partner solely owns the home, the other partner may have no legal claim to it, even if they have contributed financially. To protect your interests:
- If you are buying a home together, ensure both names are on the title deeds.
- Consider a cohabitation agreement that sets out property ownership and financial contributions.
- If you have contributed to a partner’s property, seek legal advice about a potential claim under property law.
Financial support
Cohabiting couples do not have a legal duty to financially support each other. This means that if you separate, you are not entitled to maintenance (spousal support), except in relation to child maintenance obligations. To safeguard financial security:
- Open a joint account or create agreements on shared financial responsibilities.
- Consider a formal agreement on how household bills and expenses will be managed.
Children and parental rights
If you have children together, both parents have financial responsibility for them, regardless of marital status. However, legal parental responsibility differs:
- Mothers automatically have parental responsibility.
- Fathers have parental responsibility if they are named on the birth certificate or through a parental responsibility agreement.
- In case of separation, custody and child arrangements will be decided based on the child’s best interests.
Inheritance and pensions
Cohabiting couples do not automatically inherit from each other unless a will specifies this. Similarly, pension rights will not extend to an unmarried partner unless nominated.
- Make a will to ensure your partner inherits your assets.
- Check pension policies and name your partner as a beneficiary where possible.
- Consider life insurance or other financial protections.
Legal protections: Cohabitation agreements
A cohabitation agreement is a legal document that sets out financial arrangements, property ownership, and what should happen in the event of separation. Though not mandatory, it provides clarity and protection for both partners.
Speak to our cohabitation solicitors today
Cohabiting couples have significantly fewer legal protections than married couples or civil partners. To safeguard your rights, consider formal agreements, ensure proper legal documentation for property and finances, and make a will. Seeking legal advice can help you and your partner understand your rights and plan for the future.
Speak to our specialist cohabitation solicitors in Bath, Bristol or Bradford on Avon for advice on joint marriages in separation, or contact us at info@sharpfamilylaw.com.
