Cohabitation
Cohabitation refers to a couple living together in a relationship without being married or in a civil partnership. In UK law, cohabiting couples do not have the same legal rights as married couples or civil partners, even if they have lived together for many years or have children together.
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Key Legal Aspects of Cohabitation
No “Common Law Marriage”
- There is a common myth that living together for a long time creates a “common law marriage”, giving cohabitants the same rights as married couples.
- In UK law, common law marriage does not exist—unmarried partners have no automatic legal rights over each other’s finances, property, or inheritance.
Property Rights
- If a couple owns property together, their rights depend on how the property is registered:
- Joint tenants – Both partners have equal ownership, and if one dies, the other automatically inherits.
- Tenants in common – Each partner owns a specific share of the property, which does not automatically pass to the other on death.
- If only one partner owns the property, the other partner has no automatic rights to it unless they can prove a financial contribution (e.g., paying towards the mortgage or renovations).
Financial Rights
- Cohabiting partners do not have a legal duty to financially support each other after separation.
- There is no automatic right to share pensions, savings, or assets unless jointly owned.
- If one partner was financially dependent on the other, they cannot claim spousal maintenance after separation (unlike in divorce or civil partnership dissolution).
Parental Rights & Responsibilities
- Mothers automatically have parental responsibility for their children.
- Fathers only have parental responsibility if:
- They are named on the birth certificate (for children born after 1 December 2003 in England & Wales).
- They sign a Parental Responsibility Agreement or get a court order.
- Both parents must financially support their children, even if they were never married, through child maintenance payments (handled by the Child Maintenance Service, CMS).
Inheritance Rights
- If a cohabiting partner dies without a will, the surviving partner does not automatically inherit their estate.
- To ensure inheritance rights, a cohabiting couple should:
- Make a will stating their wishes.
- Nominate each other for pension benefits and life insurance policies.
- A surviving partner may be able to claim financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
How Can Cohabiting Couples Protect Their Rights?
Since UK law does not give automatic legal protection to cohabitants, couples can take steps to protect themselves:
- Cohabitation Agreement – A legal document setting out:
- How finances, assets, and debts will be shared.
- What happens if the couple separates.
- Property ownership and financial contributions.
- Declaration of Trust – If buying a property together, this document states each partner’s ownership share and what happens if the relationship ends.
- Make a Will – To ensure a surviving partner inherits their share of assets.
- Sign a Parental Responsibility Agreement – If unmarried fathers want legal rights over their children.
Cohabiting couples in the UK do not have the same legal rights as married couples. To avoid legal and financial disputes, it is strongly recommended to have a Cohabitation Agreement, a Declaration of Trust, and a will in place.
Book your initial consultation with our Family Law Solicitors in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
