You have lived together for years, perhaps bought a home, perhaps raised children together. It feels like a marriage in every way that matters, so surely the law treats it like one? Many couples believe that after a certain number of years they become "common law" husband and wife, with the same rights as a married couple. Unfortunately, that is not the case.

Common law marriage does not exist in England and Wales. Cohabitation rights are far more limited than most people expect, and couples who separate, or who lose a partner, can find themselves with little legal protection. Surveys have repeatedly found that around half of people in England and Wales believe common law marriage is real, which is why so many are caught out.

This guide explains what rights cohabiting couples actually have over property, children, money and inheritance, the practical steps that protect you, and how the law may be about to change. Our family law team regularly helps unmarried couples, both before and after a separation.

Is common law marriage real?

No. The idea of common law marriage was abolished in England in the 18th century, and it has had no legal effect since. It does not matter how long you live together, whether you have children, or whether you share a surname or a bank account. In the eyes of the law, you are cohabitants, not spouses.

That distinction matters because the legal framework that protects married couples and civil partners on divorce, including the court's power to share property and pensions fairly and to order maintenance, simply does not apply to cohabiting couples. Instead, the law treats you largely as two separate individuals who happen to live together.

Property rights when you separate

On separation, the starting point is who legally owns the property. If the home is in joint names, you will usually both have a share. How it is split depends on how you own it: as joint tenants, where you are treated as owning it equally, or as tenants in common, where your shares are fixed, often in a declaration of trust.

If the home is in your partner's sole name, you have no automatic right to any of it. You may still have a claim if you can show you were intended to share ownership, for example because you contributed to the deposit or mortgage, or because of clear promises made to you that you relied on. These claims are brought under trust law and the Trusts of Land and Appointment of Trustees Act 1996. They can be complex and costly, and paying household bills or caring for the family is often not enough on its own.

If you are facing a dispute over a shared home, our cohabitation dispute solicitors can assess whether you have a claim and how strong it is.

Money, maintenance and pensions

Unlike married couples, cohabitants cannot claim maintenance for themselves from a former partner, no matter how long the relationship lasted or how much one person depended on the other. Savings, investments and pensions belong to whoever holds them, and there is no power for the court to share them.

This can hit hardest when one partner has given up work or reduced their hours to care for children. A married parent in that position may receive a share of pensions and ongoing support. An unmarried parent usually will not, which can leave them in a very difficult position later in life.

Children and cohabiting parents

Children's rights do not depend on whether their parents are married. Both parents must support their children financially, and child maintenance can be arranged by agreement or through the Child Maintenance Service.

Under Schedule 1 of the Children Act 1989, a parent can also ask the court for financial provision for a child, such as a home to live in until the child grows up, a lump sum for specific needs, or top-up maintenance in higher-income cases. This support is for the child's benefit, and any property provided usually reverts to the paying parent once the child is an adult.

On parental responsibility, mothers have it automatically. An unmarried father has it if he is named on the birth certificate for a birth registered after 1 December 2003, or if he obtains it by agreement or court order. Our children law solicitors can help with arrangements for where children live and how much time they spend with each parent.

What happens if your partner dies?

This is where the common law marriage myth can cause the greatest hardship. If your partner dies without a Will, you have no automatic right to inherit anything under the intestacy rules. Their estate may pass to their children, parents or siblings instead, even if you lived together for decades.

You may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you lived together as a couple for at least two years immediately before the death, or were being maintained by your partner. However, any award is generally limited to what you need for your maintenance, and bringing a claim can be stressful and expensive.

There are other gaps too. Unmarried partners do not benefit from the inheritance tax exemption that applies between spouses, and some pension schemes will only pay benefits to a partner if they have been nominated.

How to protect yourself

The good news is that cohabiting couples can do a great deal to protect each other with some simple planning.

A cohabitation agreement sets out how property, money and possessions will be divided if you separate, and how bills and the mortgage are shared while you live together. If you buy a home together, a declaration of trust records how much each of you owns, which avoids arguments later. Our cohabitation agreement solicitors can draft both.

Making a Will is just as important, because it is the only way to make sure your partner inherits what you intend. Our Wills team can help you put one in place, and it is sensible to check your pension nomination forms and life insurance too. A Lasting Power of Attorney can also allow your partner to make decisions for you if you lose capacity, which they would not otherwise be entitled to do.

Will cohabitation rights change?

Reform may be on the way. In June 2026, the government launched a consultation, A Fairer End to Relationships, which closed on 14 August 2026. It explored an opt-out scheme giving eligible cohabiting couples new rights on separation, with possible eligibility based on factors such as living together for a minimum period or having a child together, as well as improved inheritance rights.

Scotland has given cohabitants some financial rights since 2006, and campaigners have long called for England and Wales to follow. Until a new law is actually passed and in force, though, the current rules apply, so it is important not to rely on reforms that may change shape or take years to arrive.

Frequently asked questions

Does common law marriage exist in England?

No. Common law marriage has no legal status in England and Wales. However long you live together, unmarried partners do not gain the rights of a married couple or civil partners.

How long do you have to live together to have rights?

There is no length of time after which cohabitants gain marriage-like rights. Living together for at least two years can be relevant to an inheritance claim if a partner dies, but it does not create a right to share property on separation.

Am I entitled to half the house if we are not married?

Not automatically. If the home is in joint names you will usually have a share. If it is in your partner's sole name, you will need to prove you were intended to have a share, usually through financial contributions or clear promises.

What happens if my unmarried partner dies without a Will?

You will not automatically inherit anything. Their estate passes to relatives under the intestacy rules. You may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, but awards are usually limited to your reasonable maintenance.

What is a cohabitation agreement?

A cohabitation agreement is a written contract between unmarried partners setting out how property, money and possessions will be shared while they live together and if they separate. If properly prepared, it is likely to be upheld by the courts.

Conclusion

Common law marriage is a myth, and believing in it can leave cohabiting couples badly exposed. Unmarried partners have no automatic right to share property, savings or pensions on separation, no right to maintenance, and no automatic inheritance if a partner dies without a Will. Children are protected, but the adults often are not.

Reform may come, but it is not here yet. A cohabitation agreement, a declaration of trust and up-to-date Wills give you real protection today, and taking advice early is far easier and cheaper than resolving a dispute later.

This article is for general information only and does not constitute legal advice. Every case depends on its own facts, so please contact Nayyars Solicitors for advice specific to your situation.