Cohabitation Solicitors

More couples than ever are choosing to live together without marrying. However, the law does not provide unmarried couples with the same protections as married couples. At T&S Legal, we help cohabiting partners protect their rights and resolve disputes when relationships break down.

The Myth of Common Law Marriage

There is no such thing as a “common law marriage” in England and Wales. No matter how long you have lived together, cohabiting couples do not acquire the same legal rights as married couples. This means:

There is no automatic right to share your partner’s assets
You cannot claim spousal maintenance
You may have no right to remain in the family home if it is in your partner’s name
There is no automatic inheritance if your partner dies without a will

Understanding your legal position is the first step to protecting yourself and your family.

Research consistently shows that a significant proportion of the public believes common law marriage exists. This misconception can have serious consequences, particularly when a long-term relationship breaks down or a partner dies without a will.

Another common misconception is the “2-year cohabitation rule” — the belief that living together for two years gives you the same rights as a married couple. This is not true. The only relevance of the two-year period is in relation to inheritance claims: if your partner dies without a will, you may be able to make a claim under the Inheritance Act if you lived together for at least two years. But this does not give you the broad range of rights that married couples have.

Cohabitation Agreements

A cohabitation agreement is a practical way to establish clear terms for your relationship. It can cover:

Property ownership — how your home is owned and what happens if you separate
Financial contributions — how bills, mortgage payments, and household expenses are shared
Savings and investments — how jointly accumulated wealth is divided
Personal property — who owns what
Arrangements if you separate — an agreed framework for dividing assets

We draft cohabitation agreements that are clear, fair, and designed to be upheld if ever needed.

Property Disputes (TOLATA Claims)

When unmarried couples separate, disputes about the family home are common. If you believe you have an interest in a property that is not reflected in the legal title, you may be able to bring a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

These claims can arise when:

You contributed to the purchase price or mortgage but are not on the title deeds
There was a common intention that you would share ownership
You made significant improvements to the property
You relied on assurances from your partner about your share

TOLATA claims can be complex. We provide clear advice on the strength of your position and represent you in negotiations or court proceedings.

Financial Provision for Children

While you cannot claim maintenance for yourself, if you have children with your former partner, you may be able to claim:

Child maintenance through the Child Maintenance Service
Additional financial provision under Schedule 1 of the Children Act 1989, which can include a property to live in with the children, a lump sum, or regular payments for the children’s benefit

What Happens if Your Partner Dies?

If your partner dies without a will, you have no automatic right to inherit under the intestacy rules of England and Wales. The estate passes to statutory relatives — not to a cohabiting partner, regardless of how long you have lived together.

You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you were being maintained by your partner or had lived together for at least two years. However, these claims are uncertain and can be costly. The best protection is to ensure both partners have up-to-date wills and that pension nominations and life insurance beneficiaries are correctly recorded.

Protecting Yourself

Whether you are moving in together, buying a property, or facing a separation, taking legal advice early is the best way to protect your interests. We can help with:

Drafting cohabitation agreements before or during your relationship
Preparing declarations of trust when purchasing property together
Advising on your rights if the relationship has broken down
Representing you in property or financial disputes

How We Can Help

Cohabitation agreements
Property ownership disputes (TOLATA claims)
Beneficial interest claims
Declarations of trust
Schedule 1 Children Act claims (financial provision for children)
Occupation orders for cohabitants

Frequently Asked Questions

Do common law partners have the same rights as married couples?: No. Despite the common misconception of 'common law marriage', cohabiting couples have significantly fewer legal rights than married couples. If your relationship breaks down, you do not have an automatic right to share your partner's assets, claim maintenance for yourself, or remain in the family home if it is in their name.
What is a cohabitation agreement?: A cohabitation agreement is a legal document that sets out how you and your partner will manage finances, property, and other assets during your relationship and what will happen if you separate. While not automatically legally binding, the courts give them considerable weight.
What happens to the house if we are not married and split up?: This depends on how the property is owned. If you are joint tenants, you each have an equal share. If you are tenants in common, your shares may be different. If the property is in one person's name only, the other may still have a claim if they have contributed to the mortgage, deposit, or improvements. These claims can be complex and legal advice is essential.
What is a TOLATA claim?: A TOLATA claim (Trusts of Land and Appointment of Trustees Act 1996) is a legal action to determine who owns what share of a property. It is commonly used when unmarried couples dispute ownership of a shared home. The court can declare each party's beneficial interest and order the property to be sold.
Can I claim maintenance from my ex-partner if we were not married?: You cannot claim spousal maintenance if you were not married. However, if you have children together, you may be able to claim child maintenance through the Child Maintenance Service, and in some cases, additional financial provision for the children under Schedule 1 of the Children Act 1989.
Should we get a cohabitation agreement before buying a house together?: Yes, we strongly recommend it. A cohabitation agreement or declaration of trust sets out each party's interest in the property and can prevent costly disputes later. It is far simpler and cheaper to agree these matters at the outset than to resolve them through litigation.