About the Author
Daniel Chalmers
Partner, Edwards Family Law

Chambers HNW Ranked
Legal 500 Ranked
18+ years HNW family law
Formerly Clintons

Daniel Chalmers joined Edwards Family Law as a Partner in 2024, bringing over 18 years of family law experience. Prior to joining the firm, he led the family department at Clintons, one of London’s foremost media and entertainment law firms. Chambers High Net Worth 2026 Guide describes him as ‘phenomenal’. He advises on all aspects of financial remedy, pre and post-nuptial agreements, cohabitation agreements, civil partnership dissolution, and property disputes involving unmarried couples.

Q: Do common law partners have legal rights in England and Wales?

A: No. There is no such thing as a ‘common law marriage’ in England and Wales. Cohabiting couples do not have the same legal rights as married couples or civil partners, regardless of how long they have lived together. An unmarried partner has no automatic right to the other’s property, pension, savings or inheritance.

One of the most persistent and damaging myths in English family law is the belief that living together for a long period creates a ‘common law marriage’ with legal protections similar to those enjoyed by married couples. It does not. I see the consequences of this misunderstanding regularly in my practice, and the financial and emotional cost to the partner who assumed they were protected can be devastating.

Below, I address the questions I am most frequently asked about the legal position of unmarried, cohabiting couples in England and Wales – and what you can do to protect yourself.

1. Is common law marriage a real thing in England and Wales?

No. The term ‘common law marriage’ has no legal status in England and Wales. A 2019 British Social Attitudes Survey found that 46% of the population wrongly believed it did. Whether you have lived together for two years or twenty, you do not acquire the financial rights or legal protections that come with marriage. This is not a technicality – it fundamentally affects what happens to your property, your finances and your future if the relationship ends.

I have had multiple clients make contact believing they are entitled to financial provision from a long-term partner when in reality, they are not. Conversely, I am also regularly approached by clients who believe they are required to make significant financial provision when they are not.

2. What rights do cohabiting couples actually have?

The short answer is: very few compared to married couples. An unmarried partner cannot claim spousal maintenance, has no automatic right to a share of the other’s property (regardless of how long they may have lived there), has no entitlement to a share of the other’s pension, and has no automatic right to inherit if the other partner dies without a will. The only legal routes available are claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) for property disputes, claims for children under Schedule 1 of the Children Act 1989, and in some cases a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if a partner dies.

3. What happens to the family home if we split up?

This depends entirely on whose name is on the legal title. If the property is in your partner’s sole name, you have no automatic right to remain in the property or to any share of its value – even if you paid towards the mortgage, funded renovations, or lived there for years. If the property is in joint names, the starting point is equal ownership, but this can be displaced by a declaration of trust or evidence of a different intention.

If you believe you have contributed to a property that is not in your name, you may be able to establish a ‘beneficial interest’ through a resulting trust or constructive trust under TOLATA. This requires evidence of financial contributions or a shared intention to own the property together. It is a complex, costly and uncertain process – which is precisely why a cohabitation agreement is so important.

What many people do not realise is that even if both parties are responsible for the payment of a mortgage, there is no presumption of a resulting trust arising from their having contributed to the deposit or indeed the purchase of a property.

4. Can I claim a share of my partner’s pension?

No. Unlike in a divorce, there is no mechanism for pension sharing between unmarried partners. If your partner has a substantial pension and you have been out of the workforce raising children, the pension remains entirely theirs. This is one of the most significant financial disadvantages of cohabitation compared to marriage, and one that many people only discover when it is too late.

5. What if we have children together?

Your rights and responsibilities as parents are the same whether you are married or not. Both parents can apply to the Court for a Child Arrangements Order, and both have a duty to support their children financially. The key difference is that an unmarried parent cannot make a financial claim for their own benefit (spousal maintenance) – only for the children. Under Schedule 1 of the Children Act 1989, the court can order maintenance, lump sums and housing provision for the benefit of a child, which in practice may result in the parent with care living in a property funded by the other parent until the child reaches adulthood.

6. What happens if my partner dies without a will?

If your partner dies without a will, the rules of intestacy apply. These rules make no provision for cohabiting partners. The estate passes to the deceased’s children, parents, siblings or other blood relatives – not to the surviving partner. You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but you must prove that you were maintained by the deceased or had lived together as husband and wife (or civil partners) for at least two years. The threshold is higher and the outcome less certain than for a surviving spouse.

7. How can I protect myself?

The single most important step you can take is to enter into a cohabitation agreement. This is a written document, drafted by a solicitor, that sets out how you and your partner will manage your finances, property and practical arrangements during the relationship and on separation. You should also ensure the legal title to any property reflects the true ownership (or is supported by a declaration of trust), make a will, and review your life insurance and pension nominations.

Cohabitation Agreements are legally binding documents that can go into very specific detail as to how couples own property, manage their finances and divide assets should the relationship break down. It can detail who is responsible for mortgage and bill payments as well as who owns specific personal belongings such as vehicles, furniture or even pets.

If you are in a cohabiting relationship and want to understand your legal position, or if your relationship has ended and you need advice about your rights, the team at Edwards Family Law can help. Contact us at edwardsfamilylaw.co.uk.

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