Couples may feel that living together, buying a home and raising a family is much the same as being married. However, the law does not treat the two in the same way.

The rights of unmarried couples have recently been in the news, following Government proposals to give some cohabiting couples greater legal protection. But what are your rights as an unmarried couple under the law as it stands today?

The short answer is that there is no such thing as ‘common law marriage’ in England and Wales. No matter how long you have lived together, you don’t automatically acquire the same legal rights as a married couple or civil partners.

That matters particularly when it comes to your home, your finances and what happens to your family if one of you dies.

The legal status of your shared home

If you own a property together, it is important to understand how it is owned and what each of you is entitled to.

This can be particularly important where one partner has contributed more towards the deposit, mortgage or improvements, or where the home is owned in only one person’s name.

A Declaration of Trust can, where appropriate, record how a property is owned and the shares each person is intended to have. A Cohabitation Agreement can also set out what you have agreed about the property and your finances if you separate.

Putting these arrangements in place early can provide clarity and help avoid disagreements later.

Inheritance when one partner dies

This is one of the biggest differences between marriage and cohabitation.

If someone dies without a Will, the rules of intestacy determine who inherits. An unmarried partner does not automatically inherit simply because they have lived together for many years.

For a couple who share a home and finances, that can leave the surviving partner in a very difficult position.

A Will allows you to decide who should inherit your estate and can help ensure your partner and children are provided for as you intend.

It is also important to review pensions, life insurance and other assets, as these may have their own beneficiary arrangements.

Children and cohabiting couples

Having children together does not give an unmarried couple the same legal status as marriage.

The legal position of the children – including parental responsibility and financial provision – is separate from the rights of the parents as a couple. However, children are an important consideration when deciding how your home, finances and estate should be dealt with if circumstances change.

Protecting you and your family

There is no one-size-fits-all solution. Depending on your circumstances, you may want to consider:

• a Will, to make your wishes clear about who should inherit;
• Lasting Powers of Attorney, so someone you trust can make decisions for you if you are unable to;
• a Declaration of Trust, particularly where you own a property in unequal shares;
• a Cohabitation Agreement, setting out arrangements for your property and finances; and
• reviewing pension and life insurance nominations.

Taking professional legal advice can help you understand where you stand and identify anything that needs to be put in place.

Could the law on rights for unmarried couples change?

The Government recently consulted on proposals to give certain cohabiting couples greater protection, including when a relationship ends and when a partner dies without a Will. The consultation closed in August 2026 and so we will closely follow any legal changes that may result.

Whatever happens next, unmarried couples should not rely on the idea of ‘common law marriage’ to provide protection.

If you live with your partner, it is worth making sure your legal and financial arrangements reflect what you would both want to happen – particularly if you own a home, have children or have significant assets.

Putting the right legal arrangements in place may sound daunting but it doesn’t have to be complicated as our Wills & Probate team can guide you through your options, explain what you need to consider and help you put arrangements in place to reflect your circumstances and your wishes – Call or Email us today.