By First Line Family Law – Specialist Family Law Solicitors in Cardiff & South Wales
More couples than ever are choosing to live together without getting married or entering into a civil partnership. In fact, cohabiting couples are the fastest-growing family type in the UK, according to national statistics. However, many people wrongly believe that living together gives you the same legal rights as married couples. Unfortunately, this is not the case.
At First Line Family Law, we regularly advise unmarried couples, many of who are shocked to discover just how few legal protections they have when a relationship breaks down.
Is There Such a Thing as “Common Law Marriage”?
No. Despite what this well known phrase, there is no such thing as a common law marriage in England and Wales, no matter how long you have lived together. This myth leaves people vulnerable, especially if they separate without proper agreements in place.
What Are the Legal Rights of Unmarried Couples in the UK?
Unlike married couples or civil partners, cohabiting partners don’t have automatic rights to:
- Property ownership
- Pension sharing
- Inheritance
- Financial support after separation
Instead, unmarried couples must rely on general property law, such as the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), to resolve disputes.
What Happens If We Break Up and the House is not in my name?
This is one of the most common scenarios we see.
If the house is in one person’s name, the other partner has no automatic right to a share of it. If you have contributed financially to it then you would need to prove a “beneficial interest” and this can be complicated and costly. You would need to show evidence such as;
- Direct financial contributions (e.g. to the mortgage or renovations)
- Written or verbal agreements
- The intention to share ownership
Disputes like this can get very complex and it is vital to get legal advice early on.
Can I Claim Maintenance or Support from My Ex?
Only if you have children together. Cohabiting partners cannot claim spousal maintenance, but you may be able to claim child maintenance or financial provision for the child’s needs under the Children Act 1989 depending on the situation.
How Can I Protect Myself If I am Living With a Partner?
There are steps you can take to protect your interests:
- Cohabitation Agreement
A written agreement that sets out what should happen to property, savings, and responsibilities if you separate. - Declaration of Trust
If you’re buying a property together, a formal declaration can clarify who owns what and in what shares. - Wills
Cohabiting partners have no automatic inheritance rights. Make sure you each have a valid Will.
Frequently Asked Questions
What are my rights if I live with my partner but we’re not married?
You have very limited rights. Unlike married couples, cohabiting partners don’t have legal protection unless agreements are in place.
Do unmarried couples have the same legal rights as married couples?
No. Unmarried couples do not have automatic rights to property, maintenance, or inheritance.
What can I do if I break up with my partner and we own a house together?
Speak to a solicitor immediately. If an agreement cannot be reached you may need to consider court.
Can I get financial help from my ex if we weren’t married?
You might be entitled to child maintenance, but not spousal maintenance unless you were married.
Speak to an Expert Family Solicitor in Cardiff
At First Line Family Law, we are here to help you navigate your legal options; whether you are moving in together, buying a home, or facing a separation.
We offer friendly, expert advice across Cardiff and South Wales. Book a free initial chat with a qualified solicitor today.
Please find out more by visiting out cohabiting couples page.
