What is cohabitation?
Couples often live together before getting married, and many choose not to marry at all. This living arrangement is known as cohabitation and described over five million people in the UK as of 2019.
Do cohabiting couples have the same rights as married couples?
Unmarried couples do not have the same financial and legal rights as married couples. There is a common misconception that couples who live together eventually become ‘common law married’ after a certain amount of time, but this is not true.
If you separate, or your cohabiting partner leaves you, there is often very little you are legally entitled to. Learn more about what happens during a cohabitation breakdown.
What happens to the house?
When married couples divorce, both parties may be entitled to a share of any property. Cohabiting couples do not have the same automatic rights.
If your partner is the sole owner of the property, you are not automatically entitled to anything. This can still apply even if you have contributed to mortgage payments or property renovations. Your main option may be to ask a court to recognise your beneficial interest in the property, which means proving the financial contributions you have made over time. This can be difficult and expensive.
If you own the house jointly, it will usually be divided equally if you separate. However, the law does not automatically take into account how much each person contributed to buying the property. For example, even if you paid the full deposit, you may still only be entitled to half the value. Challenging this in court can be costly and there is no guarantee of success.
It is possible for unmarried couples to own specific shares in a property through a tenancy in common agreement. This allows each of you to own a set share of the property, including unequal shares that reflect different financial contributions.
How would joint savings and finances be divided?
Joint savings and finances between married couples are usually considered as part of a divorce settlement. This is not the case for cohabiting couples.
As an unmarried couple, you both have an equal claim to the contents of joint accounts when you separate. It is important to understand the difference. Rather than having an entitlement to half of all joint finances in the wider sense, each person has access to the contents of the joint account itself.
In practice, this can mean that one partner could transfer money from a joint account into a personal account when the relationship ends, potentially leaving the other with nothing.
What will happen to my possessions?
Possessions bought during a marriage are generally considered marital property. When a married couple divorce, both may be entitled to a share of their value, regardless of who paid for them.
Ownership of possessions can be more complicated for cohabiting couples. Anything bought using a joint bank account is likely to be treated as jointly owned. Items bought with a personal bank account are more likely to belong to the account holder, even if you were living together at the time.
In principle, gifts exchanged between you belong to the person who received them, although this can be difficult to prove in practice.
Am I entitled to financial maintenance from my ex-partner?
Married couples may have a legal responsibility to support each other financially after divorce. Cohabiting couples do not have the same obligation to support one another financially if they separate.
How will our children be supported financially?
Whether you are cohabiting or married, your responsibilities towards your children are the same. If you separate, you still have a legal duty to provide suitable housing and financial support for your children. This often involves one parent making regular payments to the parent who carries out most of the childcare, known as child maintenance.
Making child maintenance arrangements is a legal requirement for all separated parents, regardless of marital status. This can be arranged privately between you and your ex-partner through a family-based arrangement, or you can ask the Child Maintenance Service to calculate what should be paid.
What is a cohabitation agreement?
A cohabitation agreement is a way to put legal protections in place for you and your partner without getting married. It is a legally binding document that sets out your rights and obligations to each other in a similar way to a prenuptial agreement.
A good time to enter into a cohabitation agreement is before major life events, such as buying property together or having children. However, it can still be put in place even if you have already been living together for many years.
Should cohabiting couples have the same rights as married couples?
This section explores the debate around the legal rights of cohabiting couples compared with married couples. It looks at the differences in legal protections and benefits, and the arguments for and against giving cohabiting couples equal rights in the UK.
What rights do unmarried partners have?
This section focuses on the specific rights and legal considerations for unmarried partners in the UK. It covers areas such as property rights, financial support, and parental responsibilities, giving essential information for unmarried couples.
What rights do cohabiting couples have when their partner dies?
This section looks at the rights of cohabiting couples when one partner dies. It includes inheritance, property rights, and financial support, and highlights why it is important for cohabiting couples to understand their legal position.
How long does someone have to live with you before they have rights?
This section addresses the common question about how long cohabitation must last before it affects legal rights. It explains how the length of time living together may be relevant in different legal situations and helps clarify a common misunderstanding.
