What Rights Do Cohabiting Couples Have If They Separate?

If you live with your partner but you are not married or in a civil partnership, you may wonder what rights you would have if the relationship ended. Who would keep the house? Are you entitled to any of your partner’s savings? What happens if you have been paying towards their mortgage? And does living together for many years eventually give you the same rights as a married couple?

The rights of cohabiting couples in England and Wales can be very different from those of married couples or civil partners. This can come as a surprise, particularly when two people have been together for many years, share a home, have children or have arranged their finances around their relationship.

One of the biggest sources of confusion is the idea of a “common law marriage”. Living together for a certain length of time does not automatically give a couple the legal rights that come with marriage or a civil partnership.

Understanding where you stand can therefore be particularly important if you are separating, buying a home together or simply want to make sure that you are both protected for the future.

Do Cohabiting Couples Have the Same Rights as Married Couples?

Cohabiting couples do not automatically have the same financial rights as married couples or civil partners when their relationship ends.

When a married couple divorces, the court has powers to consider their financial arrangements and make orders concerning matters such as property, pensions, savings and maintenance. An unmarried couple separating does not simply enter the same financial process.

Instead, different areas of law may become relevant depending on what the couple owns, how property is held, whether there are children and what agreements have previously been made.

This means that assumptions such as “we’ve been together for years, so everything will be divided equally” can cause problems.

For cohabiting couples, establishing exactly what each person owns and what arrangements exist between them can be particularly important.

Is There Such a Thing as a Common Law Marriage in the UK?

People often use the terms “common law husband”, “common law wife” or “common law partner” to describe a couple who have lived together for a long time without getting married.

However, in England and Wales, living together does not automatically create a legal marriage, regardless of how long the relationship lasts.

There is no particular anniversary at which your legal status changes. Living together for five, ten or twenty years does not, by itself, give you the same rights as somebody who is married or in a civil partnership.

That doesn’t mean cohabiting couples have no legal rights. They may have rights arising from property ownership, agreements, financial contributions, arrangements concerning children or other circumstances. The important distinction is that those rights do not simply arise because the couple has lived together for a particular number of years.

What Happens to the House When Unmarried Couples Separate?

For many separating couples, their home is their biggest financial asset and their greatest concern.

If you own the property together, an important starting point is establishing how it is legally owned and whether there are documents recording your respective interests. For example, a Declaration of Trust may contain important information about what was agreed when the property was purchased.

Things can become more complicated when only one partner is the registered owner.

Imagine that one person bought a home before beginning the relationship. Their partner later moved in and, over the following ten years, contributed money towards the household, helped pay for improvements and perhaps contributed towards the mortgage.

If the couple separates, neither person should simply assume that the answer must be “the person on the deeds owns everything” or “we lived together for ten years, so we each own half”.

There can be circumstances in which someone who is not a registered owner claims an interest in a property. These disputes can be legally complex, and matters such as the couple’s intentions, agreements, financial contributions and the evidence available may become important.

If there is uncertainty or disagreement over the ownership of a home, getting legal advice before making significant decisions can be particularly valuable.

Do I Have Rights If I Have Been Paying My Partner’s Mortgage?

Paying towards a property does not automatically mean that you own part of it. Equally, not being named as a legal owner does not necessarily mean that your contributions can never be relevant.

The circumstances surrounding those payments can matter.

For example, there may be a difference between paying an agreed contribution towards general household expenses and making substantial payments towards a mortgage because both partners understood that the property was being treated as their shared home.

Significant spending on improvements can also become relevant to a dispute depending on the circumstances.

Evidence can therefore be extremely important. Bank statements, mortgage records, emails or messages discussing the property, documents created when it was purchased and records of substantial expenditure on renovations may all help establish what happened and what was intended.

This is an area where it is particularly important not to rely on assumptions or somebody else’s experience because relatively small differences in circumstances can affect the legal position.

What If We Own a House Together and One Person Wants to Sell?

Sometimes both partners accept that they own their home together but disagree about what should happen to it after separation.

One person might want to sell the property so they can access their share of its value and move elsewhere. The other may want to remain, particularly if children live at the property.

Another possibility is that one person would like to buy the other’s interest in the home, but the couple cannot agree on its value or on how much each person should receive.

Where joint owners cannot reach an agreement, there may be legal options available to resolve what happens to the property. The appropriate route will depend on the ownership arrangements and the individual circumstances.

Before reaching an impasse or making decisions that could affect your financial position, it can be useful to understand what options are actually available.

Am I Entitled to Half of Everything If We Are Not Married?

There is no general rule that everything accumulated during an unmarried relationship is divided equally when the couple separates.

If your former partner has savings or investments solely in their name, for example, you do not automatically become entitled to half simply because you were together for a long time. Equally, your former partner does not automatically acquire half of everything belonging to you.

Jointly owned assets are different and may need to be dealt with as part of the separation.

This is one of the significant differences between cohabitation and marriage and another reason why the belief in “common law marriage” can be misleading.

When a cohabiting relationship ends, it can be helpful to identify what is owned individually, what is owned jointly and whether there are existing agreements relating to any significant assets.

What Happens to Joint Debts When Unmarried Couples Separate?

Separating isn’t only about dividing possessions and property. Many couples also have financial commitments that need to be dealt with.

These could include a joint mortgage, loans, credit agreements or household contracts.

The end of your relationship does not automatically end the legal obligations you have entered into with another organisation. An agreement between you and your former partner about who will make future payments may not, by itself, alter the terms of an agreement you have with a lender or other provider.

It is therefore important to establish exactly which financial commitments are in joint names and understand your responsibilities before cancelling payments or assuming that your former partner will take them over.

What Happens to a Joint Tenancy When a Couple Separates?

Many cohabiting couples rent rather than own their home, and separation can create equally important questions about where each person will live.

The position may depend on the tenancy agreement and whether it is held jointly or only in one partner’s name.

If one person wants to move out while the other wants to stay, don’t assume that an informal agreement between you necessarily changes your obligations to the landlord. Equally, simply moving out of the property may not automatically bring every responsibility associated with the tenancy to an end.

Before taking action, it can be sensible to check the tenancy arrangements and understand your position, particularly if there is disagreement about who can remain in the property.

Can I Claim Maintenance From My Ex If We Were Not Married?

A person who has been financially dependent on their partner can sometimes assume that they will be entitled to ongoing financial support if the relationship ends.

Unlike the position following divorce or dissolution of a civil partnership, there is no general right for one former cohabiting partner to claim maintenance for themselves simply because the relationship has ended.

This can be particularly significant where one person has reduced their working hours, taken a career break or organised their finances around the other partner being the main earner.

Where the couple has children, however, financial responsibilities towards those children are a separate matter. The absence of a marriage does not remove a parent’s financial responsibilities towards their children.

What Happens to Children When Unmarried Parents Separate?

Parents may need to decide where their children will live, how much time they will spend with each parent and how their financial needs will be met.

Being unmarried does not make the needs of the children any less important.

Many parents are able to reach arrangements themselves. Where they find this difficult, mediation can sometimes provide a constructive way of discussing disagreements and finding an arrangement that works for the family.

If agreement cannot be reached, or there are concerns about a child’s welfare, legal advice can help parents understand the options available to them. Edward Harte’s Jack Taylor advises on matters involving children following relationship breakdown.

There may also be financial considerations relating specifically to children that are separate from any financial rights between the former partners themselves.

Who Gets the Dog or Other Pets When an Unmarried Couple Separates?

For many couples, deciding what happens to a much-loved dog, cat or other pet can be one of the most emotional parts of a separation.

The legal questions surrounding a pet are not approached in the same way as decisions concerning children. If ownership is disputed, evidence about the pet and how it was acquired may become important.

For example, there may be records showing who originally bought or adopted the animal, whose name appears on relevant documentation or what the couple previously agreed.

In practical terms, couples may also want to consider who has usually cared for the pet, where each person will be living, who can realistically manage its day-to-day needs and how ongoing costs will be met.

Some former couples are able to agree arrangements between themselves. For couples who are still together and want greater certainty, what should happen to a pet following separation can also be something to consider when discussing their wider cohabitation arrangements.

Do You Get More Rights After Living Together for a Certain Number of Years?

There is no point at which the length of a cohabiting relationship automatically gives a couple the same legal rights as a married couple.

Living together for twenty years does not, by itself, turn the relationship into a marriage in the eyes of the law.

Of course, the longer two people have been together, the more financially connected their lives may have become. They may have bought property, had children, taken on joint debts or made significant financial contributions over many years.

Those individual circumstances can create legal issues of their own, but it is those circumstances rather than simply the number of years spent together that matter.

What Happens If My Unmarried Partner Dies Without a Will?

Cohabiting couples also need to consider what would happen if one partner died.

If someone dies without a valid Will, an unmarried partner does not automatically inherit under the intestacy rules in England and Wales in the way that a surviving spouse or civil partner potentially can.

Depending on the circumstances, a surviving partner may have other possible legal claims, but that is very different from having an automatic right to inherit.

This is why making a Will can be particularly important for cohabiting couples who want their partner to benefit from their estate.

It may be especially important where the couple has children, owns property, has assets from previous relationships or where the family home belongs to only one partner.

How Can Cohabiting Couples Protect Their Finances and Property?

You don’t need to wait until a relationship is experiencing difficulties before thinking about what would happen if circumstances changed.

Couples can consider recording their intentions while their relationship is going well.

Depending on the circumstances, a cohabitation agreement can help record arrangements relating to finances, property and other practical matters. A Declaration of Trust may also be appropriate where couples want to record their respective interests in a property.

Wills should also be considered, particularly because unmarried partners do not have the same automatic inheritance position as spouses or civil partners.

Discussing what would happen if you separated might not feel particularly romantic, but having those conversations while your relationship is good can be considerably easier than trying to establish what you both intended after it has ended.

What Should You Do If You’re Separating From an Unmarried Partner?

If your relationship is ending, try not to make assumptions based on what happened when a married friend or relative divorced. The law applying to your situation may be different.

Start by gathering information. Find documents relating to your home, mortgage or tenancy, joint bank accounts, loans and other significant financial commitments. Locate any existing agreements, including a Declaration of Trust, and keep records of significant financial contributions where these could become relevant.

It is also worth being cautious about making permanent decisions during what can be an emotional period. Moving out of a property, transferring ownership, accepting money in exchange for an interest in a home or signing an agreement can have significant consequences.

Understanding your legal position before agreeing to something can help you make an informed decision rather than discovering afterwards that you misunderstood your rights.

Where communication remains possible, some issues may be resolved by agreement. Mediation can also provide a less confrontational way for separating couples to discuss certain disagreements.

Where there is uncertainty or a dispute concerning property, finances or children, seeking legal advice early can help establish your options before positions become more difficult to resolve.

How Edward Harte Solicitors Can Help Cohabiting Couples

The end of a relationship can be difficult enough without uncertainty about your home, finances or legal position adding further pressure.

Edward Harte Solicitors can advise unmarried and cohabiting couples on the legal issues that may arise when a relationship ends, including jointly owned assets, property ownership, financial contributions and the rights and obligations of each person.

Getting advice early can help you understand where you stand before making important decisions about your home or finances. Where possible, it may also help identify ways of resolving disagreements without matters becoming more contentious.

Where children are involved, separate issues may need to be considered, including arrangements for where children live and the time they spend with each parent. Edward Harte’s Family Law team can also provide advice in these circumstances.

Whether you are currently separating from an unmarried partner or living together and want to understand how you can protect your position for the future, obtaining advice based on your individual circumstances can provide valuable clarity.

For more information about legal advice for unmarried and cohabiting couples, please contact Samantha Dawkins on 01273 662756 or email sdawkins@edward-harte.co.uk.

Frequently Asked Questions About Cohabiting Couples’ Rights

Do I have rights to my partner’s house if we’re not married?

Not automatically. How the property is legally owned will be an important starting point, but there can be circumstances where someone who is not a registered owner argues that they have an interest in the property. The individual facts can make a significant difference, so legal advice is sensible where ownership is disputed.

Am I entitled to half the house if I’ve lived with my partner for years?

There is no automatic entitlement to half of a property simply because you have lived together for a particular length of time. How the property is owned, any agreements between you and the circumstances surrounding financial contributions may all be relevant.

Can my ex make me leave the house if we’re not married?

There isn’t one answer that applies to every couple. It can depend on matters including who owns or rents the property and what legal rights each person has in relation to the home. If there is a disagreement about who can remain, it is sensible to understand your position before agreeing to leave or taking other action.

Do unmarried couples have the same rights as married couples?

No. Cohabiting couples do not automatically acquire the same financial rights as married couples or civil partners simply because they have lived together, regardless of how long the relationship has lasted.

Should we have a cohabitation agreement?

A cohabitation agreement can help record what a couple has agreed about finances, property and other practical matters. Whether an agreement is appropriate and what it should cover will depend on your circumstances, so legal advice can be useful when putting one in place.

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