What the law actually says about unmarried couples' rights to property and financial provision — and why the 'common-law marriage' myth can be costly.
No matter how long you have lived together, or how jointly you have conducted your lives, cohabiting couples in England and Wales have no automatic financial claims against each other on separation. The concept of 'common-law marriage' has no legal basis in English law. This misconception is widespread and genuinely dangerous — many people discover only when a relationship ends that they have far fewer protections than they assumed.
If an unmarried couple separates and cannot agree on how jointly or solely owned property should be divided, the dispute is resolved under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court considers the legal ownership of the property, any express or implied trust, the parties' common intention at the time of purchase or during the relationship, and any detriment suffered in reliance on that intention. Cases are highly fact-specific and legal arguments can be complex and costly.
Although there is no general maintenance or property claim between unmarried partners, Schedule 1 of the Children Act 1989 allows a court to order one parent to make financial provision for a child — including lump sums, property transfers, and periodical payments. Crucially, these orders are made for the benefit of the child rather than the other parent, and typically end when the child finishes full-time education. They do not give the receiving parent a long-term financial claim in their own right.
The most effective way for cohabiting couples to protect themselves is to formalise their intentions in a cohabitation agreement — a written contract specifying how property, assets, and finances will be dealt with if the relationship ends. These agreements are generally upheld by courts if freely entered with independent legal advice and proper disclosure. Making a will is equally important: unlike spouses, cohabiting partners do not inherit automatically under the intestacy rules.
In June 2026 the government published a Green Paper, A fairer end to relationships, proposing a new statutory regime that would give qualifying cohabitants (broadly, couples who have lived together for three years or more, or who have a child together) access to financial remedy orders on separation — similar to, but more limited than, divorce. The consultation closes in August 2026. Legislation is not expected before 2028 and has not yet been enacted. TOLATA remains the current law.
Possibly, but you would need to establish a legal or beneficial interest under trust law — for example by showing you contributed to the purchase price, paid mortgage instalments, or that there was a common intention that you would share ownership. This is a complex area of law; the outcome depends heavily on the specific facts and is not guaranteed. Taking advice from a specialist property or family solicitor is strongly recommended.
Under the current law, no — the length of cohabitation does not automatically create financial rights. The proposed reforms would require three years of cohabitation before financial claims arise, but those proposals are not yet law. For now, only what you can establish through trust law or contract (a cohabitation agreement) protects you.
The Counsel provides legal information about how the law works in this area — it cannot assess your individual circumstances or advise you on the merits of a potential claim. Cohabitation disputes under TOLATA are litigation matters and the right source of advice is a solicitor specialising in property or family law.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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