Cohabitation Rights Checker UK 2025 — Unmarried Couple Property, Inheritance & Separation Rights
Over 3.6 million couples in England and Wales live together without being married or in a civil partnership. Many believe they have the same rights as married couples — but "common law marriage" does not exist in English law. Unmarried partners have significantly fewer legal protections. Use this checker to understand your rights and how to protect yourself.
This is a general guide only. Cohabitation law is complex and depends heavily on specific facts. Always consult a family law solicitor to protect your position.
The "Common Law Marriage" Myth — The Reality
Research consistently shows that around half of all cohabiting couples believe they have the same rights as married couples after living together for a period of time. This is entirely false in England and Wales. No amount of time living together creates "common law marriage" — a concept that does not exist in English law and has not existed since the Clandestine Marriages Act 1753. The law has simply never been changed to reflect modern family arrangements, and this gap leaves millions of people financially vulnerable.
Property Rights for Unmarried Couples
Joint Ownership — Joint Tenants vs Tenants in Common
If you own property together, how it is owned matters enormously. Joint tenants own the property equally as a whole — if one dies, the other automatically inherits the entire property regardless of any will or intestacy rules (this is the "right of survivorship"). Tenants in common each own a defined share (e.g. 60/40), which they can leave to anyone in their will. If a tenant in common dies without a will, their share passes under intestacy — not automatically to the other partner.
You can check how your property is held by searching the title register at HM Land Registry (a small fee applies). You can also switch between joint tenancy and tenants in common using a severance of joint tenancy notice.
Property in One Partner's Sole Name
If the property is in your partner's sole name and you have contributed to the purchase price, mortgage payments, or significant improvements, you may be able to claim a share under a constructive trust or proprietary estoppel. These are complex claims and highly fact-specific — you would need to show a common intention to share ownership and that you acted to your detriment in reliance on that intention. The court looks at all the circumstances, including financial contributions and conduct.
Inheritance Rights for Unmarried Partners
If your partner dies without a will (intestate), the intestacy rules apply. Under these rules, an unmarried partner inherits nothing. The estate passes to blood relatives in a strict order: children, parents, siblings, and more distant relatives. You could be left with no home and no financial provision, even after decades together.
However, if you lived with your partner for at least two years immediately before their death, you can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the estate. This is not automatic — you must apply within 6 months of the grant of probate, and what is reasonable depends on all the circumstances.
The solution is simple but often overlooked: make wills. Each partner should make a will leaving assets to the other. A basic will from a solicitor costs £150–£300 and can protect everything you have built together.
Financial Rights on Separation
This is the most significant gap in protection for cohabiting couples. Unlike married couples who can apply to court for financial orders on divorce (covering property, pensions, savings, and maintenance), unmarried partners have no general right to financial provision on separation. There is no equivalent of the Matrimonial Causes Act 1973 for cohabiting couples.
Your only financial claims on separation are: (1) claims relating to property under trust law; (2) claims for children under the Children Act 1989 Schedule 1 (housing and financial provision for children — not for the parent personally); and (3) child maintenance through the Child Maintenance Service.
Children's Rights
Children of unmarried couples have exactly the same rights as children of married couples. Child maintenance obligations are the same. Parental responsibility automatically belongs to the mother; the father has parental responsibility if named on the birth certificate (since December 2003), or by agreement or court order. Unmarried fathers named on the birth certificate have the same parental responsibility as married fathers.
Next of Kin and Medical Decisions
The term "next of kin" has no strict legal definition in English law. In practice, hospitals will usually consult a cohabiting partner on medical decisions, but they are not legally obliged to. If your partner lacks mental capacity, blood relatives may take precedence in medical decisions. To formalise this, make a Lasting Power of Attorney (LPA) — this appoints your partner as your legal representative for health and financial decisions if you lose capacity.
How to Protect Yourself
| Protection needed | Solution | Approximate cost |
|---|---|---|
| Property rights clearly defined | Declaration of trust / deed of trust | £200–£500 |
| Inheritance protection | Both partners make wills | £150–£300 each |
| Separation terms agreed | Cohabitation agreement | £500–£2,000 |
| Medical decisions / capacity | Lasting Power of Attorney | £82 OPG fee + solicitor |
| Pension death benefits | Expression of wishes (nomination) form with pension provider | Free |
| Life insurance proceeds | Write policy in trust naming partner | Usually free |
Frequently Asked Questions
Not automatically. Legal ownership follows the title register. However, if you can demonstrate a common intention to share ownership (usually through financial contributions and conduct) and that you acted to your detriment in reliance on that intention, you may be able to claim a beneficial interest under a constructive trust. This is a complex area of law — you need specialist family or property law advice.
Occupational and personal pension schemes have discretion over who receives death benefits. Most schemes will pay a lump sum or dependant's pension to a cohabiting partner if the member has completed a nomination (expression of wishes) form naming them. Without this form, the pension trustees may pay to blood relatives. Ask your partner to check their pension's nomination form and update it.
A cohabitation agreement is a written contract between unmarried partners covering how property and finances will be handled during the relationship and on separation or death. It is not automatically legally binding in the same way as a court order, but courts in England and Wales will generally uphold a properly drafted agreement made with full financial disclosure and independent legal advice for both parties. Without one, you are entirely at the mercy of general property law if things go wrong.
Yes. The Family Law (Scotland) Act 2006 gives cohabiting couples in Scotland more rights than those in England and Wales. In Scotland, a surviving cohabitant can apply for a share of the estate if their partner dies intestate, and either party can apply for financial provision on separation. These rights are not as extensive as those of married couples but are significantly better than English law.