People still refer to themselves as a ‘common law wife’ or ‘common law husband’ — but in England and Wales, this concept has no legal basis. No matter how long a couple has lived together, sharing a home, raising children, or building a life side by side does not automatically create legal rights to each other’s property, finances, or estate.
The consequences of this can be devastating — and they often come as a genuine shock. A cohabitation agreement is one of the most effective ways to protect yourself and your partner, but first, it helps to understand exactly what you do and don’t have without one.
Do Unmarried Partners Have Rights Over Property?
If one partner moves into a property owned by the other, they do not automatically acquire a legal interest in it — even if they contribute to household bills, maintenance costs, or renovations. Without a formal legal agreement or a declaration of trust, the non-owning partner may leave the relationship with nothing, regardless of how long they have lived there.
Even where both partners own the property jointly, disputes can arise over shares of equity on separation. The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) governs how courts resolve such disputes — but litigation under TOLATA is costly and uncertain. A cohabitation agreement, agreed in advance, removes that uncertainty entirely.
Unsure whether your living arrangements are legally protected? Speak to our family law team for confidential advice — we can help you understand your position and whether a cohabitation agreement is right for you.
Inheritance Rights for Cohabiting Couples
Unless a valid Will is in place, a cohabiting partner has no automatic right to inherit from the other. If a partner dies without a Will, their estate will be distributed under the rules of intestacy — which prioritise blood relatives over an unmarried partner, regardless of the length or nature of the relationship.
This can result in a surviving partner being left with nothing, even where they have shared a home and a life for many years. Under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving partner may be able to make a claim — but this requires costly court proceedings and carries no guarantee of success.
Ensuring both partners have properly drafted Wills, reviewed regularly, is an essential complement to any cohabitation agreement.
What Rights Do Step-Parents Have Over Children?
For those who have helped raise a partner’s child, the legal position can be particularly painful. Without parental responsibility — which is not acquired automatically — a step-parent or non-biological parent has no legal right to have contact with a child following a separation or the death of a partner.
Under the Children Act 1989, parental responsibility can be acquired in certain circumstances, but it does not arise simply by virtue of living with or raising a child. The absence of any formal arrangement can cause significant distress for both the adult and the child.
Financial Support and Pension Rights After Separation
Unlike a married couple or civil partners, cohabiting partners have no automatic right to financial support from each other on separation. There is no equivalent of spousal maintenance for unmarried couples, regardless of how long the relationship has lasted or what sacrifices either party has made.
The only exception relates to children: under the Child Support Act 1991, a parent has a financial obligation to their child — but not to a former partner, even where that partner has significantly reduced their earning capacity to care for the family.
Pension entitlement is perhaps the most overlooked financial risk. On separation, an unmarried partner has no right to share in the other’s pension — no matter how large it is or how long the relationship lasted. This can have significant long-term consequences, particularly where one partner has worked part-time or taken a career break to raise children.
A recent case illustrates the point clearly. A client came to us following a long-term relationship, anticipating he would face a substantial financial settlement. He had a significant pension, personal savings, and adult children. His partner, by contrast, had modest savings, a lower income, and had spent much of her working life in part-time employment to raise their family. Because they were unmarried and had no cohabitation agreement in place, he had no obligation to share his pension or assets. The financial imbalance was stark — and entirely avoidable, had the couple addressed their position formally at the outset of their relationship.
Why You Need a Cohabitation Agreement
A cohabitation agreement is a legally binding document that sets out how a couple will manage their financial affairs, property, and other arrangements — both during the relationship and in the event that it breaks down. It can cover:
- Ownership of property and how any equity should be divided
- Financial contributions and how shared expenses are managed
- What happens to jointly owned assets on separation
- Arrangements for any children of the relationship
Having a cohabitation agreement in place provides certainty and peace of mind. It protects both parties — not just the financially stronger one — and helps avoid costly, distressing legal disputes if the relationship ends.
Ready to put a cohabitation agreement in place?
Contact Judith O’Brien and our family law team today to arrange a confidential consultation. Call 0161 667 3686 or use the form below.
About the Author
Judith O’Brien — Partner, Family Law
Judith O’Brien is a Partner in the Family Law team at Prosperity Law and a member of Resolution, the organisation committed to a non-confrontational approach to resolving family matters, whether financial or child-related. She holds the Law Society’s Advanced Family Law Panel qualification, recognising specialist expertise in both children law and financial matters arising from relationship breakdown.
With over 30 years’ experience in family law, Judith advises clients on cohabitation agreements, separation agreements, divorce, financial settlements, pre-nuptial and post-nuptial agreements, and children law matters including contact arrangements, residence, and school decisions.
Solicitor, admitted 1997 | SRA ID: 176870
