Cohabitation Law Explained: Protecting Your Rights When Living Together
Did you know there’s no such thing as a “common-law husband or wife”?
This is one of the biggest myths in English law. If you live with your partner without marrying or entering a civil partnership, you do not have the same rights as a married couple – no matter how long you’ve been together.
This can come as a shock when relationships break down or if one partner passes away, often leaving the other in a financially vulnerable position.
What Are the Rights of Cohabiting Couples?
· Property & assets – Unlike divorce, assets such as the family home are not automatically divided. Instead, complex trust and land law applies.
· Finances & pensions – There is no automatic right to claim financial support, pension sharing, or spousal maintenance.
· Children – The law treats married and unmarried parents the same when it comes to deciding where children live and how much time they spend with each parent.
The biggest difference between married and cohabiting couples is financial protection on separation – cohabitees have far fewer legal safeguards.
Property Disputes – Who Owns What?
When an unmarried couple splits up, the court will usually look at:
· Any written agreement (e.g. declaration of trust) stating how the property should be owned.
· The actions and intentions of the couple.
If there’s no written record, the partner claiming a larger share must prove it to the court – which is often very difficult.
Even if you paid the deposit or most of the mortgage instalments, you may only be entitled to half unless you can show there was an agreed arrangement in writing.
How to Protect Yourself as a Cohabiting Couple
The best way to safeguard your financial and family interests is to put clear agreements in place before problems arise. Options include:
· Cohabitation Agreement – A legal document setting out how property, assets, finances, and childcare arrangements should be dealt with if you separate.
· Declaration of Trust – Records how a property is owned (e.g. unequal shares) and what happens to equity if the relationship ends.
· Wills & Life Insurance – Essential if you want to protect your partner and dependents financially.
Without these, you may be left relying on costly and uncertain court proceedings.
If you’re buying a home with your partner or already live together and want to protect your investment, our family and property law specialists at Parachute Law can help with friendly, straightforward advice.
Why Choose Parachute Law?
At Parachute Law, we specialise in helping cohabiting couples protect their futures. Whether you’re:
· Moving in together,
· Buying a property with your partner, or
· Separating after years of cohabitation,
…our family and property law specialists can advise you on the best legal options to give you certainty and peace of mind.
We’ll also guide you on additional steps – such as making a Will – so your intentions are fully protected.
Contact our team today and book a free initial consultation and take the first step towards your fresh start.
Call us on: 0207 183 4547
Email us at thelegalteam@parachutelaw.co.uk
If you would like to read more about how Parachute Law can help you please click on the links below to more of our articles.
Protect Your Future: Why a Pre-nup or Post-nup Could Be One of the Smartest Legal Steps You Take
Pre-Nups vs Post-Nups: What’s the Difference — and Why You Might Need One
