If you're living with your partner but you're not married or in a civil partnership, you might assume you have the same legal rights as a spouse, especially when it comes to the family home. But this is one of the biggest misconceptions in family law.
Christopher Monro, Family Law Senior Solicitor at our Market Harborough office, unpacks what the law really says about cohabitation and property rights, the risks of relying on the idea of "common law marriage", and what steps you can take to protect your future with a Living Together Agreement.
The 'common law spouse' myth
Many people believe that if they've lived with their partner for a couple of years, they automatically gain legal rights to property, often referring to themselves as a "common law wife" or "husband". However, this term has no legal standing in England and Wales.
If your name is not on the property's legal title, simply living in the home, even for many years, does not automatically give you a right to a share of its value if the relationship ends.
What happens if your partner dies?
If you're not married and your partner, who owns the home, passes away without a will, you won't automatically inherit anything. However, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if either of the following applies:
- you were financially supported (wholly or partly) by your partner at the time of their death
- you had lived in the same household as if you were married to them for at least two years immediately before their death
Even then, making a successful claim can be complex and uncertain, especially without proper documentation or legal advice.
Who owns what during the relationship?
When unmarried couples buy or live in a home together, ownership depends on legal title and financial contribution. If the property is in one partner's name only, the other usually has no automatic right to a share unless there is:
- evidence they contributed financially to the purchase, mortgage, or upkeep of the property
- an agreement or understanding that they would have a share in the home's value
Can you claim a share of the property anyway?
In some situations, even if your name isn't on the deeds and you didn't contribute financially, you might still have a claim through a trust. These legal arrangements recognise when someone has a right to benefit from a property, even if they don't legally own it.
Here are the main types:
a) Resulting trust
If you contributed to the purchase price or mortgage or capital improvement; for example new roof or extension, even without being on the deeds, the court may say you're entitled to a proportionate share.
b) Common intention constructive trust
If both partners agreed – verbally or in writing – that the home was to be shared, and one acted on that belief (e.g., paying bills or contributing to improvements), a trust may arise.
c) Proprietary estoppel
If one partner promised the other a share of the home, and the other partner acted to their detriment because of that promise (e.g., gave up work, spent savings renovating), the court might enforce that promise.
These claims are often complicated and costly, and success depends heavily on the evidence available.
How to protect yourself: Cohabitation or Living Together Agreement
The best way to avoid uncertainty is to enter into a Cohabitation (or Living Together) Agreement. This is a formal document that clearly sets out who owns what, how finances will be managed, and what happens if you separate.
A Cohabitation Agreement can cover:
- ownership of property and assets
- contributions to bills and mortgage
- what happens if one partner moves out or the relationship ends
Think of it as a practical safeguard, not a sign of distrust. It can save significant stress, legal costs, and heartache down the line.
Cohabiting couples do not have the same legal rights as married couples, no matter how long they've lived together. If you're in a committed relationship but unmarried, it's vital to understand how your home and assets are treated under the law.
A Cohabitation Agreement can provide clarity and peace of mind and ensure both partners are protected.
This blog sets out the legal position between the parties only. If the parties have children together, consideration should also be given to potential claims under Schedule 1 of the Children Act 1989, which may benefit the child or children and, indirectly, the non-owning parent. Legal advice should always be sought to understand the full scope of rights and obligations in such circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
