In England and Wales, cohabiting couples’ rights are far weaker than those of married couples or civil partners, however long they have lived together. There is no such thing as a “common law marriage”: a partner who is not married or in a civil partnership has no automatic claim to the other’s home, savings or pension if the relationship ends, and does not automatically inherit if the other dies without a will. The government consulted on reform in 2026, but as of October 2026 no new law has been passed. This guide explains where unmarried couples stand now and what could change.
The “common law marriage” myth
Many people assume that living together for a few years, or having children together, gives a couple similar rights to a married couple. It does not. Citizens Advice explains that “common-law partner” is simply another way of describing people who live together, and that cohabiting partners generally have fewer legal rights than spouses. Law firm Stewarts describes the routes currently open to separating cohabitants as complex, property-based claims that are often inadequate.
The rules below apply in England and Wales. Scotland already has its own, limited scheme for cohabitants, and Northern Ireland has separate family law.
Cohabiting couples’ rights to the family home
Who owns the home matters far more for unmarried couples than for married ones. According to Citizens Advice:
- If you own the home jointly, you both have an equal right to stay there.
- If your partner is the sole owner, you may have no right to stay if you are asked to leave. You might be able to claim a share (a “beneficial interest”) if you can prove you contributed to buying or improving the property or that you agreed to share it, but these claims can be hard and costly to bring.
- If you rent, a partner who is not named on the tenancy usually has no right to stay if the tenant asks them to leave. A joint tenancy gives both partners rights.
By contrast, married partners both have a right to remain in the matrimonial home, whoever owns or rents it. Citizens Advice suggests unmarried couples who buy together consider a declaration of trust setting out how the property is shared.
Money, debts and support after a split
Unmarried partners have no legal duty to support each other financially, either during the relationship or after it ends. There is no equivalent of the financial orders a court can make on divorce, so a partner who gave up work or reduced their hours to care for children has no general claim for maintenance or a share of the other’s pension.
Each partner is responsible for their own debts and for any joint debts. Money in a joint account can be disputed in court if the couple separate. Unmarried partners are taxed separately and cannot use tax reliefs reserved for married couples, such as the Marriage Allowance.
Children of unmarried parents
Children are protected whether or not their parents are married. Both parents are financially responsible for their children, and children can inherit from both parents even if there is no will. Law firm TLT notes that a parent can seek financial provision for a child, including housing, under Schedule 1 of the Children Act 1989, but that this is focused on the child’s needs and is more limited than the orders available on divorce.
Parental responsibility, the legal authority to make decisions about a child, is not automatic for every unmarried father. Citizens Advice notes, for example, that an unmarried father can only appoint a guardian for his child if he has parental responsibility.
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What happens if a partner dies?
This is where the gap with marriage is starkest. If an unmarried partner dies without a will, the survivor does not automatically inherit anything under the intestacy rules. Citizens Advice notes that the exception is property the couple owned jointly; otherwise, assets pass to the deceased’s relatives.
Claiming under the Inheritance Act
A surviving partner left without reasonable provision can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975. To claim as a cohabitant, section 1 of the Act requires that the applicant lived in the same household as the deceased, as if they were a married couple or civil partners, for the whole of the two years immediately before the death. Even then, the award is limited to what is reasonable for the survivor’s maintenance, a lower standard than a surviving spouse can seek.
Tax and pensions
Gifts and inheritances between spouses are exempt from inheritance tax, but Citizens Advice points out that unmarried partners who inherit do not get that exemption. Whether a cohabitant receives benefits from a partner’s workplace or private pension depends on the scheme’s rules, so many schemes ask members to complete an “expression of wishes” form. Married couples and civil partners can also have rights to some state pension entitlements after a partner’s death, as Westferry Times explained in its report on inherited state pension payments.
Practical steps unmarried couples can take
Because the law offers little automatic protection, couples who live together often put arrangements in writing. Common steps include:
- making wills that provide for each other;
- recording each partner’s share of a jointly bought home in a declaration of trust;
- agreeing a living together (cohabitation) agreement covering money and property;
- asking for a joint tenancy when renting; and
- completing pension scheme nomination or “expression of wishes” forms.
Reform: what the government has proposed
On 5 June 2026 the Ministry of Justice launched a consultation called “A fairer end to relationships”, covering financial remedies on divorce and new rights for cohabitants on separation and death. The Gazette, the UK’s official public record, reported that it closed at 11:59pm on 14 August 2026 and applies to England and Wales.
Summaries by law firms Stewarts and TLT set out the main proposals:
- Who would qualify: adults living together in an enduring family relationship for at least three years, or with no minimum period if they have a child together.
- What they could claim: awards based on need, for example housing, capital or pension needs of the financially weaker partner, rather than an equal sharing of assets as on divorce. Ongoing maintenance would be exceptional.
- Time limit: claims would have to be brought within two years of separating.
- Opting out: couples could opt out, but only with formalities such as a deed, financial disclosure and independent legal advice for each partner.
- On death: qualifying cohabitants would gain inheritance rights under the intestacy rules, and the two-year minimum for Inheritance Act claims would be dropped for partners who share a child with the deceased.
These are proposals, not law. In October 2026, law firm Mishcon de Reya noted that the plans could change before any reform is enacted and that legislation may take some time. Until Parliament passes new rules, the current law described above continues to apply.
How Scotland compares
Scotland already lets cohabitants make limited financial claims when they separate. TLT summarises the Scottish scheme as requiring a claim within one year of separation, with the claimant needing to show economic disadvantage, and with a lump sum as the only remedy.
This article is general information about the law in England and Wales, not legal advice. For your own situation, speak to a family law solicitor or an adviser such as Citizens Advice.
Frequently asked questions
Is common law marriage legally recognised in England and Wales?
No. Living together, however long for, does not create the rights of marriage or civil partnership.
Am I entitled to half the house if we are not married?
Not automatically. It depends on whose name is on the title and on any written agreement. A non-owning partner may be able to claim a share by proving contributions or an agreement, but there is no automatic split.
Does an unmarried partner inherit without a will?
No. The survivor may be able to claim under the Inheritance Act 1975 if they lived with the deceased as a couple for the two years before the death, but the award is limited to reasonable maintenance.
Has the law on cohabitation changed in 2026?
Not yet. The government consulted on reform between June and August 2026, but as of October 2026 no new legislation has been passed.
Sources: Citizens Advice, Living together and marriage: legal differences (accessed October 2026); legislation.gov.uk, Inheritance (Provision for Family and Dependants) Act 1975, section 1 (accessed October 2026); The Gazette, Government launches consultation on the legal rights of cohabiting couples (8 June 2026); Stewarts, Family law reform for cohabiting couples: could the wait be over? (17 June 2026); TLT, Cohabitation reform: will the law finally catch up with modern families? (14 August 2026); Mishcon de Reya, What are the proposed reforms on the law of cohabitation? (5 October 2026).
