Contrary to popular belief, there is no such thing as a ‘common law marriage’ in the UK. No matter how long a couple has lived together, cohabiting partners do not have the same legal rights and protections as couples who are married. If you are cohabiting or planning to cohabit in the near future, this blog sets out the legal position and the potential risks involved.

Many people believe that living with their partner for a sustained period will give them financial rights and protections, particularly if there is jointly owned property or shared children. Unfortunately, this is not correct. Cohabitation without marriage or formal legal protections can leave individuals financially vulnerable if the relationship breaks down or one partner passes away.

Do I have legal rights as a cohabitee?

At present, cohabitees have no automatic right to property ownership, pension sharing, maintenance or inheritance from their partner. Unlike divorce proceedings, where the law is much more established and predictable, disputes between separating cohabitees are often dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”) framework, where cases are very fact-specific and outcomes can vary significantly from case to case, creating uncertainty.

Despite the growing number of couples choosing to live together without marrying, the law has not yet evolved to protect these relationships. Currently, it is estimated by the Office for National Statistics that almost one quarter of adult couples in the UK are cohabiting, leaving millions of people without the protections they may assume they have.

Is cohabitation law being reformed?

This area of law is ripe for reform, and an increasing number of family law professionals continue to call for law changes to protect their clients. In March 2026, the government announced their intention to revisit cohabitation reforms; however, no further details or timescales have yet been provided.

Proposed reforms include strengthening rights for individuals who have made financial sacrifices during long-term relationships, which will particularly protect women, who are often disproportionately affected in these cases. Whilst many other legal professionals would welcome these sorts of changes, no immediate reform is expected and therefore the current legal position remains unchanged.   

What does this mean for me?

Sadly, many people are not aware of the difficulties they will face as cohabitees under the current laws with regards to financial matters. All cohabiting couples need to understand:

• Whether they legally own a share of their property (for example, whether they are named on the title deeds)
• How the property is owned (for example, as joint tenants or tenants in common)
• What proportion of the property they own (for example, equal or unequal shares)

Many cohabiting couples own their properties as tenants in common. This means that if your partner passed away, their share of the property would pass to whoever is named in your partner’s will, or if your partner dies without leaving a will, it will go to your partner’s next of kin (children, parents, siblings – in that order). It will not be automatically inherited by you as the other owner.

Other cohabiting couples may live in a property owned solely by one person. If the legal owner dies or the relationship ends, the surviving partner has no automatic right to remain living in the property or to make a financial claim to it (or any other financial assets the deceased partner has). This is the case even if you have contributed to the mortgage, bills, repairs or decorations, have lived in the property for many years, or have children also living in the property.  

What can I do to protect myself? Can I get a cohabitation agreement?

If you discover that you own your property in a way which does not reflect yours and your partner’s intentions, we can help you resolve this and ensure your interests are protected.

Similarly, if you are cohabiting now or wish to cohabit in the near future, we can help you prevent problems in the future. One option may be to enter into a cohabitation agreement , which is a document that records the agreements reached between a couple when they begin living together.

Cohabitation agreements can deal with matters such as the ownership of assets, responsibility for bills and outgoings, and what happens if the property  is ever sold, the relationship breaks down or one party dies. These agreements can help protect assets owned before cohabitation commences and clearly define how future contributions, gifts or inheritance should be treated. Another advantage of cohabitation agreements is their flexibility: agreements can usually be amended by agreement in writing if circumstances change over time.

Once signed and executed correctly, a cohabitation agreement becomes a legally binding contract and can therefore be a highly effective way of protecting both parties. When properly drafted with the assistance of a family law solicitor, these contracts provide clarity and certainty from the outset, helping to reduce the likelihood of disputes later on.

How Switalskis can help

At Switalskis, we offer free half hour consultations for cohabiting couples seeking advice on these matters. Get in touch with our team using the form below or call 08001380458 .