Cover all
the angles
Read more articles in: Blog, Elaine Collins, Family Law
18 August 2026
The UK parliament issued a report in 2022 with findings that 46 per cent of cohabitants in England and Wales are under the assumption that they are in something that is known as a ‘common law marriage’.
Partners who live together who aren’t married would like to believe that they have some form of legal protection should their other half pass away or they separate. However, this is not the case, so it is important to understand your legal rights and what you can do to improve them.
To put it simply, a common law marriage does not exist.
In England and Wales, the term ‘common law spouse’ is often used to describe unmarried couples who have lived together for extended periods of time.
There is only one catch with this, though: a common law spouse is not a real thing.
In the eyes of the law, in England and Wales, no matter if you have lived together for five days or 50 years, you do not automatically gain any rights.
This misconception can often lead to some issues should one partner pass away or the relationship comes to an end.
For unmarried partners, there is no automatic entitlement to:
This means that should the relationship break down, there will be no protections for you.
If the home is in the name of both partners as joint tenants, then the sale (should you choose to sell, rather than buy one another out) will be split between both of you.
However, if one partner owns the home and you just lived in it, even if you were paying bills and decorated it, you will legally have no right to stay or be entitled to any support.
Additionally, if you have a shared savings account, savings will stay with the person whose account it is in, rather than being split 50/50.
If your partner passes away without a Will, the surviving partner is not entitled to any inheritance under the rules of intestacy.
This means that any shared assets, such as a home, will be given to their closest living relative (unless you own it as joint tenants) and you may have to buy them out of the property. It is important to be aware of how you own your property.
Luckily, there is a way to protect yourself and your partner from this. This is by creating a cohabitation agreement.
This is a legal agreement for unmarried couples, or anyone else, who lives together.
It outlines property ownership, how household bills are split, who is responsible for debts, who owns cars, furniture and pets and how assets will be divided should you separate.
Unfortunately, cohabitation agreements do not cover assets in the event of a death. Therefore, it should be paired with a Will to provide full protection.
These agreements should be drawn up and reviewed by a specialist, like us!
Here at Mander Hadley, our talented family law team is here to support cohabiting couples who want to create a cohabitation agreement.
We understand that a cohabitation agreement isn’t a glamorous conversation to have, but it is a necessary one for partners who want more certainty.
Additionally, we can also draw up a Will, so that you are protected in every instance.
To arrange a conversation about cohabitation agreements, get in touch with our team today!
