Many couples choose to live together without getting married or entering into a civil partnership. However, if your relationship ends, you do not have the same legal rights as married couples and civil partners.

Contrary to popular belief, there is no such thing as a “common law marriage” in England and Wales. Without the right legal advice or agreements in place, disputes over property, finances or other assets can be complex. Our experienced family law solicitors provide clear, practical advice to help protect your interests and give you confidence about the future.

Property

Moving in with someone does not automatically grant you rights to the property. If it is a rental property, you will need to seek the landlord’s consent to reside in the property.

Similar rules apply if the property is owned by one of you. The property owner is the only one entitled to live there – anyone else can be asked to leave. The owner can also make decisions – such as selling the property – without consulting their partner.

You may acquire an interest in the property in certain circumstances, for example if you can establish that you are entitled to a share of the proceeds when it is sold. This can happen if:

The owner of the property has agreed in writing that the non-owner is entitled to a share of the home.
The non-owner contributes (e.g. paying part of the mortgage or financing home improvements) to the property on the understanding that this entitles him or her to a share.
The non-owner has acted to their own detriment (e.g. giving up a job) on the understanding that this entitles him or her to a share.
A partner with children applies to the court for the right to continue living there to ensure the children’s welfare.

Finances

You have no legal duty to support your cohabiting partner either whilst living together or if you separate. Nor do you automatically share ownership of your possessions, savings, investments and so on. The assets you owned when you started cohabiting remain yours if you decide to separate.

Should you incur any debts that are in joint names (e.g. credit cards), you will both be liable for the debt. If your partner fails to pay, you can be pursued for the full amount. You may also both be liable for household bills.

Children

Legally, only the person who has parental responsibility for a child can make important decisions about their upbringing (including education and healthcare).

If the parents of a child are not married, only the mother automatically has parental responsibility. The father may have parental responsibility if:

He is named as the father on the birth certificate (for a child born after December 2003).
He enters into an agreement with the mother and obtains a parental responsibility order or child arrangements order.
He is registered as the child’s guardian and all other individuals with parental responsibility have died (including the mother).

Inheritance

If your partner dies you have no automatic right to inherit any of their assets. If you have lived together as a couple for at least two years or you can show that you were financially dependent on your partner, you can make a claim for a financial settlement. Making a claim is a complex dispute and can prove expensive if the other beneficiaries disagree. Should you wish to pursue a claim we have highly experienced solicitors who can help you through the process.

When it comes to property, if you owned your home as ‘joint tenants’, you will automatically own the property if your partner dies. If, however, you were ‘tenants in common’, your partner’s share is dealt with under the terms of his or her will.

Protect Your Future with Expert Cohabitation Advice

Whether you are planning to move in together, already live with your partner, or are facing the breakdown of a relationship, our experienced family law solicitors are here to help.

Understanding Your Rights as a Cohabiting Couple

Taking legal advice early can help you avoid uncertainty and put the right arrangements in place to protect your home, finances and future. Whether you are moving in together or separating, we can help you understand your options and make informed decisions.

Our team can advise on:

Cohabitation agreements
Property ownership and beneficial interests
Financial arrangements between unmarried couples
Parental rights and responsibilities
Protecting your interests if your relationship ends

Book your free 30-minute initial consultation today.

Call 01245 228106, email familyenq@gepp.co.uk or complete our online enquiry form and a member of our family law team will be in touch.

Please note: Gepp Solicitors does not provide Legal Aid services. Any advice or representation following the initial consultation will be provided on a private fee-paying basis.

For more information or advice

Contact Farhad Islam on:
Call: 01245 228106 or
email: islamf@gepp.co.uk

Contact us

Call: 01245 701581 or email: familyenq@gepp.co.uk or request a call back.

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Cohabitation FAQs

If I move in with my partner, what rights do I have to the property?

If the property is a rented property, only the person named on the rental agreement has the right to live there and he/she has sole responsibility for the payment of any rent.

However, even where only one of you owns the property, the other may have some rights (e.g. to a share of the money if the property is sold) if:

The non-owner contributes financially to the payment of the mortgage on the understanding that the other party is entitled to a share should it then be sold.
There are children involved in the partnership; a partner can apply to the Court for the right to remain living in the property to ensure the children’s welfare.

What if I want to move out and sell the property?

If you own the property in your own name, you can ask your partner to move out and sell up. If the property is held in joint names, you cannot force your partner to sell the home if you decide to leave, unless you apply for a court order.

If the property is owned by your partner, you do not have an automatic right to a share in the property unless you can prove you have made a financial contribution.

Whatever your circumstances, a written cohabitation agreement detailing what contributions you will each make and what share of the home you are each entitled to, minimises the risk of future disputes.

How do we divide our assets if we split up?

Cohabiting couples have no legal duty to support each other financially, either whilst living together or when separated. Cohabiting couples do not automatically share ownership of possessions, savings, investments and so on.

In general, ownership is unaffected by moving in together and should you decide to part, anything you entered into the relationship owning remains yours.

If you have any debts in joint names (e.g. credit cards), you are normally each liable for the debt. If your partner fails to pay, you can be pursued for the full amount. You may also both be liable for household bills.

Can my partner authorise a doctor to operate on my child?

Only a person with parental responsibility for a child can provide authorisation for any medical assistance the child may need. If the parents of children are not married, only the mother automatically has parental responsibility. Their father only has parental responsibility if:

He is named as the father on the birth certificate (for a child born after December 2003).
He enters into a parental responsibility agreement with the mother.
He is registered as the child’s guardian and all other individuals with parental responsibility have died (including the mother).

What happens if my partner dies and we are not married?

Should your partner pass away, you have no automatic right to inherit any of their assets. However, if you have lived together as a couple for at least two years or you can show that you were financially dependent on your partner, you can make a claim for a financial settlement. Making a claim is a complex dispute and can prove expensive if the other beneficiaries disagree. Should you wish to pursue a claim we have highly skilled solicitors who can help you through the process.

When it comes to property, if you owned your home as ‘joint tenants’, you would automatically own the property if your partner dies. If, however, you were ‘tenants in common’, your partner’s share is dealt with under the terms of his or her will.

It is therefore vital that you have a will set-up, which is fit for purpose and also review this when there are a change in circumstances.

Cohabitation

Property

Finances

Children

Inheritance

Protect Your Future with Expert Cohabitation Advice

Understanding Your Rights as a Cohabiting Couple

For more information or advice

Contact us

Request a callback

Areas of expertise

Your cohabitation team

Alison Gosling

Farhad Islam

Jenny Powell

Stuart Tyler

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