Short answer
Cohabiting couples in England and Wales have no automatic legal rights equivalent to those of married couples or civil partners. There is no such thing as a "common law marriage" in law. On separation, you cannot claim financial provision from your partner simply because you lived together. On death without a will, you may inherit nothing. You can protect yourself through a Cohabitation Agreement, a Declaration of Trust, and by making a will.
The law in this area is widely regarded as unjust and reform has been discussed for decades, but as of October 2026 Parliament has not enacted a general cohabitation rights framework. Scotland has the Family Law (Scotland) Act 2006 which gives limited rights — England and Wales do not have an equivalent.
1 The rule
Cohabiting couples' property rights on separation are primarily governed by
"A person who is entitled to an interest in property … may apply to the court for an order … relating to the exercise by the trustees of any of their functions."Read the official text
Under TOLATA, a cohabitant can claim a beneficial interest in the family home even if their name is not on the title — but they must prove a common intention constructive trust or proprietary estoppel, which requires clear evidence. The law does not presume equal shares simply because of cohabitation.
2 What you can do now
- Understand what rights you do (and do not) have
In England and Wales there is no automatic right to: your partner's assets on separation; a share of their estate on death if they die without a will; financial provision from their income after separation (maintenance); or a share of their pension. If you own property together, your rights depend on whether you are joint tenants (equal shares, right of survivorship) or tenants in common (shares as declared or proved), and whether a Declaration of Trust exists. If only one partner's name is on the title, the other has no automatic ownership interest — they must prove a constructive trust. See the <a href="/glossary/estoppel" class="body-link">estoppel glossary entry</a> (specifically the section on proprietary estoppel) for when a verbal promise about property can be enforced.
- Protect yourself with a Cohabitation Agreement
A Cohabitation Agreement is a written contract between unmarried partners setting out: how you will divide financial responsibilities while living together; what happens to property (owned and rented) if you separate; how you will divide savings and debts; and arrangements for children. It is not automatically binding as a contract — to be enforceable it should be signed as a deed, both parties should have independent legal advice, and there must be full financial disclosure. The Law Commission recommended that Parliament introduce a cohabitation framework; until it does, a carefully drafted agreement is the best protection available. Instruct a family solicitor with experience in cohabitation agreements.
- Make a Declaration of Trust if you own property together
If you and your partner own a property together but in unequal shares (for example, one contributed more to the deposit), or you want to protect a share of the equity if the relationship ends, instruct a conveyancer to prepare a Declaration of Trust at the time of purchase. This document records the beneficial shares precisely and can include terms about what happens to the property if you separate, one of you wants to sell, or one of you dies. Without a Declaration of Trust, a court will have to determine your shares based on intention and contributions — a lengthy and expensive process. See the <a href="/guides/property/transfer-of-equity" class="body-link">transfer of equity guide</a> if you want to adjust ownership shares after purchase.
- Make a will — both of you
This is the single most important step for unmarried couples. If your partner dies without a will (intestate), you inherit nothing under the <a href="https://www.legislation.gov.uk/ukpga/1925/23/contents" target="_blank" rel="noopener noreferrer">Administration of Estates Act 1925</a> intestacy rules — everything goes to their blood relatives. You may be able to claim reasonable financial provision under the <a href="https://www.legislation.gov.uk/ukpga/1975/63/contents" target="_blank" rel="noopener noreferrer">Inheritance (Provision for Family and Dependants) Act 1975</a> if you were financially dependent on your partner, but this involves court proceedings and is uncertain. A simple will avoids all of this. See the <a href="/guides/property/making-a-will" class="body-link">making a will guide</a> for the formal requirements.
- If you separate: know your claim routes
On separation without a Cohabitation Agreement, your options are: (1) TOLATA claim — if you contributed to the purchase or mortgage of property in the other partner's name, you can claim a beneficial interest through the court based on a constructive trust or proprietary estoppel; (2) Schedule 1 Children Act 1989 — if you have children together, you can apply to the court for financial provision for the children (not yourself); this can include a transfer of the family home to the parent caring for the children, held on trust until the youngest child is 18; (3) occupation orders and non-molestation orders if domestic abuse is involved. Seek specialist family law advice quickly — limitation periods apply and your bargaining position changes over time. The <a href="/guides/family/divorce-financial-order" class="body-link">divorce financial order guide</a> covers the married equivalent for comparison.
3 When this does not apply
- Same-sex couples: the rules are identical for same-sex cohabiting couples. Civil partnership gives equivalent rights to marriage — it is cohabitation without formalisation that gives no automatic rights.
- Registered cohabitation agreements abroad: some countries have registered partnership or cohabitation frameworks. These do not automatically give rights in England and Wales.
- Children: the absence of cohabitation rights does not affect parental responsibility. Both parents (if the father is on the birth certificate) have parental responsibility and can apply for child arrangements orders — see the <a href="/guides/family/child-arrangements-order" class="body-link">child arrangements order guide</a>.
4 Common questions
Is there such a thing as a common law husband or wife in England and Wales?
No. "Common law marriage" is a myth in England and Wales. It has no legal recognition. No matter how long you have lived together, you do not acquire the rights of a married couple or civil partner. Scotland abolished common law marriage by statute in 1939. In England and Wales, only formal marriage or civil partnership creates those automatic legal rights. This is why independent legal protection — wills, Declarations of Trust, and Cohabitation Agreements — is so important for cohabiting couples.
What happens to our home if we separate and only one of us is on the mortgage?
If only one partner is on the mortgage and the Land Registry title, the other has no automatic right to stay or to a share of the proceeds. They would need to prove a constructive trust (that they were intended to have a share, evidenced by financial contributions and an agreement) or proprietary estoppel (that a promise was made that they relied on to their detriment). These are difficult claims requiring specialist legal advice. This is precisely why a Declaration of Trust and a Cohabitation Agreement should be in place from the outset.
Can I claim my partner's pension if they die?
Pension death benefits (a lump sum paid on death) are paid at the pension scheme trustees' discretion — they are not automatically part of the estate. You should be nominated as beneficiary on your partner's pension nomination form. Check this now — nominations can be changed at any time and many people forget to update them. If you are not nominated and your partner dies, you would need to make representations to the trustees, who have discretion to pay you but are not obliged to. This is in addition to making a will.
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