More and more people are choosing to live together without being married. This means that understanding the rights for cohabiting couples is becoming increasingly important. Because while society has moved forward in its embrace of diverse family structures, the law is still catching up. If you’re an unmarried couple living together, whether in rented or owned property, it’s crucial to understand your legal position – especially when it comes to your home, children and what happens if you separate.
What’s the definition of a cohabiting couple?
Firstly, what exactly is a cohabiting couple? In the UK, this term refers to people in a relationship who live together without being married or in a civil partnership. Despite often functioning like married couples – for example by sharing finances, parenting and building a life together – cohabiting couples do not receive the same legal protections as married couples.
Laws for cohabiting couples – where do we stand in 2025?
While there has been growing support for reform, new laws for cohabiting couples in the UK have not come into force. As of mid-2025, there has been no significant change in legislation and there are no automatic rights for cohabiting partners.
Many people believe in the concept of “common law marriage” and that by living together, you may be classed as a “common law husband” or “common law wife”. Unfortunately, this is a myth and, at present, simply living together does not give you the same legal rights as if you were married.
There is increased political discussion around introducing new rights for cohabiting couples, particularly when children are involved. Campaigners are pushing for legal recognition that offers some protection without requiring marriage or civil partnership. But for now, cohabiting couples must take proactive steps to protect themselves.
Separation rights for cohabiting couples
One of the key concerns for cohabiting couples is what happens if the relationship ends. Unlike divorce, there is no formal legal process for a cohabiting couple splitting up to follow, and it means that rights can be limited or unclear.
Currently, if one partner owns the home in just their name, the other generally has no automatic right to claim a share of its value after separation, unless they can prove they’ve contributed in some way, for example to the deposit or mortgage, or unless there is an agreement or understanding as to their share of the home’s value This can leave people in vulnerable situations.
If a property is owned jointly, how it’s divided depends on whether the couple own it as joint tenants or tenants in common, and whether there is a cohabitation agreement or a deed of trust in place. A declaration of trust lays out how the ownership of a property is shared between two or more people. Without a declaration of trust or cohabitation agreement, resolving disputes can become costly and complex.
If you are unmarried parents and have a child, only the mother will automatically have parental responsibility. It is important to be aware of this, the biological father will be able to acquire parental responsibility through different routes, the most common is by being registered as the father on the child’s birth certificate. But even without parental responsibility, there could be a legal obligation to provide child support in the event of a separation.
How to protect your interests as a cohabiting couple
Choosing to live together without being married is an increasingly popular choice, but it does come with risks and it’s important that you go into the situation with your eyes open and a good understanding of your rights.
It’s wise for cohabiting couples to put agreements in writing when moving in together.
1. A cohabitation agreement can set out what happens to your assets if you split up.
2. A deed of trust is crucial if you’re contributing unequally to a property purchase.
3. A Will helps make sure your wishes are carried out if you die, for example, ensuring your partner and any children are provided for.
Taking legal advice at the outset of a cohabiting relationship, or even when you have been living together for a while, will give you peace of mind that you have the necessary protections in place for your situation, meaning you and your partner can get on with building your life together.
To talk to a solicitor experienced in both family law and residential property matters, contact Batt Broadbent today