Cohabitation rights — the myth of common-law marriage

REVIEWED BY: Sean McNamara on 2026-08-27

The single most important fact

There is no such thing as common-law marriage in England and Wales. If you live with a partner but never marry or form a civil partnership, you have almost none of the legal protections that married couples get — no automatic claim on the house, no maintenance for yourself, no pension sharing, no automatic inheritance.

What cohabitants actually get

Children

Parental responsibility only follows the normal rules (mothers; married fathers; unmarried fathers named on the birth certificate since 1 December 2003) — see our parental responsibility guide
Child arrangements orders work exactly the same as for any parent (C100)
Child maintenance applies the same way (CMS) — see our CMS page
A parent can claim Schedule 1 Children Act 1989 financial provision for the child (housing, lump sums) — but this is for the child's benefit, not yours

Property & money (the sharp edge)

The family court's financial remedy regime (divorce-style fair division) does not apply to cohabitants. Property disputes go to civil courts under trust/property law: whose name is on the deed, whether there's a declaration of trust, whether you contributed to the purchase price or mortgage in a way the law recognises (Stack v Dowden / Jones v Kernot line of cases)
If you're not on the deed and made no financial contribution you can evidence, your claim may be worth nothing
Cohabitation contracts/declarations of trust signed during the relationship are enforceable

Death & inheritance

No automatic inheritance; intestacy rules exclude unmarried partners entirely — you must claim under the Inheritance (Provision for Family and Dependants) Act 1975 within 6 months, and it's a contested claim against the estate
No bereavement benefits, no tax-free transfer of assets between partners

Protecting yourself

Cohabitation agreement covering property, money and what happens on separation
Declaration of trust if you're buying together with unequal contributions
Wills — both partners, naming each other
Consider marriage/civil partnership if you want the legal framework

Official links

https://www.gov.uk/living-together-and-marriage
https://www.gov.uk/marriage-cohabitation-and-civil-partnerships-financial-settlement

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.