Cohabiting Couples: What Are Your Rights?
When a relationship ends, sorting out finances and property can be challenging. The law treats unmarried couples very differently from married couples or those in a civil partnership.
Unmarried Couples: The Legal Position
Many people believe that living together as a couple gives you the same rights as married couples. In 2019, a survey revealed that 46% of people in England and Wales believe that cohabiting couples form a “common law marriage”, rising to 55% of households with children. This is a myth. In England and Wales, unmarried couples have no automatic right to share in their partner’s assets upon separation, unlike divorcing couples.
It is widely thought that the law regarding cohabitation rights is outdated, and pressure is being placed on the government to make changes to the law. Unfortunately, there is currently limited legal protection for unmarried couples, so it is important that cohabitants understand how to protect themselves in the event of separation or the death of a partner.
Property and Finances
If you and your partner own a property together, your share will usually depend on how that ownership is recorded on the title register at the Land Registry. The situation can become complicated if the parties have made unequal financial contributions to the property or if the property is in one partner’s sole name. If one partner owns the property, the other has no automatic right to a share but may be able to claim an interest. This is often a complex area of law and relies on evidence showing the other partner’s financial contributions to the property and/or mutual intentions regarding ownership.
If you have children together, you may be able to claim financial support for the children through the Child Maintenance Service or, in some cases, through the courts. However, unmarried partners cannot claim maintenance (financial support) for themselves from their ex-partner (unlike married couples), only for any children of the relationship.
How do I protect myself?
There are various steps individuals in cohabiting relationships can take to protect themselves. If you are buying a property together in unequal shares, or if the property is owned by one of you but the other has made (or intends to make) financial contributions, consider a Declaration of Trust. A Declaration of Trust can clearly define each partner’s interest in the property and how the proceeds will be divided upon a sale. It can also help to protect contributions made to the purchase price by third parties, such as family members. A properly drafted Declaration of Trust can help to avoid disputes regarding property ownership, in the event of separation.
While a Declaration of Trust protects interests in property, a Cohabitation Agreement deals with the wider aspects of living together. A Cohabitation Agreement is a legal document, which sets out how you and your partner will deal with finances, property, and other matters while you are living together and if you separate. This can address how bills are paid, what happens to jointly owned property, and how personal belongings are divided. It can also include provisions for children, if applicable. Having a cohabitation agreement in place can provide clarity and help prevent disagreements if the relationship ends. It allows you to record your intentions and protect your interests in a way that the law does not automatically provide for.
It is often considered best practice for cohabiting couples to have a Declaration of Trust and a Cohabitation Agreement at the same time. A family lawyer can assess your individual circumstances to determine what is the best option for you.
Consider Updating Your Will
If you are unmarried, you and your partner can inherit under the other’s will. It is important to keep wills up to date, especially if your circumstances change. However, if your partner dies without a will, unmarried partners do not automatically inherit anything under the rules of intestacy. You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on your partner, but this is not guaranteed and can be a complex process. By contrast, spouses automatically inherit at least part of their partner’s estate if there is no will.
Key Points to Remember:
- Unmarried couples do not have the same legal rights as married couples.
- There is no such thing as a “common law marriage” in the UK.
- If you are not married, it is important to make clear legal arrangements about property, finances, and inheritance. Consider making a cohabitation agreement and keeping your will up to date.
Contact us
If you are in a cohabiting relationship and would like further advice, please contact our Family Team.
Author of this article, Ella Lane, Solicitor can be contacted on 01548 855655 or by email at e.lane@bartons.co.uk
