The Legal Disadvantages of Cohabitation in the UK

While cohabiting couples may live like married couples, the law in England and Wales treats them very differently. In legal terms, living together doesn’t bring many automatic rights. There’s no shared entitlement to property, no safety net after a breakup and no guaranteed financial support if one partner dies. These legal disadvantages are often overlooked until a relationship ends - at which point, one person may find themselves without a home, without access to shared finances and with limited options.

In this blog post, the family law solicitors at Clough & Willis explain the legal position of cohabiting partners, the risks they face and what steps can be taken to protect both parties through a formal agreement.

The common law marriage myth

One of the most common misconceptions in cohabitation law is the belief that living together gives couples the same legal status as being married. Known as “common law marriage,” this idea is not recognised as law in England and Wales.

No matter how long a couple has lived together, or whether they have children, they do not gain automatic legal rights over each other’s property, assets or income. This legal position can come as a shock during a relationship breakdown, especially where finances are not on an equal footing.

Legal status under current law

In England and Wales, unmarried couples have no legal obligation to support one another financially. Cohabiting couples are not entitled to:

• ●     A share of the other’s property unless they are a legal owner or can prove a beneficial interest.
• ●     Inheritance tax reliefs available to married couples and civil partners.
• ●     Financial support following separation.
• ●     A legal claim to pensions or jointly acquired wealth unless clearly stated in a legal agreement.

Without legal advice or a formal agreement in place, one partner may walk away with nothing - even after decades of cohabiting.

Property ownership and financial contributions

For cohabiting couples, property ownership isn’t always straightforward. If the home is in one partner’s name, the other doesn’t automatically have a legal share - even if they’ve helped with mortgage payments or contributed to improvements.

In some cases, the non-owning partner may be able to establish a beneficial interest, which means they have a financial stake in the property. To do this, they usually need to show that there was a clear agreement or that they made a direct financial contribution that wasn’t simply intended as rent or household support.

It’s not uncommon for couples to make informal arrangements, especially early in a relationship, but things can become more complicated later if expectations weren’t clearly set out. Having the conversation early - and recording those intentions in writing - can make things much simpler down the line.

Financial hardship after relationship breakdown

When married couples divorce, the law allows for financial support to be arranged where needed - through spousal maintenance, pension sharing or lump sum payments. These options are not automatically available to unmarried couples.

In cohabiting relationships, if one partner has taken time away from work to raise children or support the other’s career, they may face financial hardship when the relationship ends. There is no safety net under family law - unless clear financial arrangements were made in advance.

Even in cases involving domestic violence or economic abuse, the lack of legal protection can make it more difficult for a financially dependent partner to move forward safely.

Limited rights after a partner’s death

If one cohabiting partner dies without a valid will, the surviving partner is not automatically entitled to inherit anything - not even the family home. Instead, the rules of intestacy apply, and property may pass to other family members.

Unless the surviving partner can prove financial dependency or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, they may be left without financial provision or a place to live.

This is particularly risky where the home is in the deceased partner’s sole name and no formal agreement was made during the relationship.

Parental responsibility and child maintenance

Cohabiting parents do not share the same legal standing as married parents, particularly when it comes to parental responsibility. In England and Wales, a mother automatically has parental responsibility from birth. A father, however, only acquires it automatically if he is married to the mother at the time of the child’s birth or named on the birth certificate. If neither applies, he must either reach an agreement with the mother or obtain a court order to gain those rights.

This matters because parental responsibility gives a person the legal authority to be involved in key decisions about a child’s upbringing - including where the child lives, which school they attend and decisions about medical treatment. Without it, one parent may be excluded from those decisions, even if they play a full role in the child’s day-to-day care.

If the relationship breaks down, these legal differences can complicate discussions around parenting arrangements. In the absence of formal agreements, resolving disagreements may require legal intervention.

When it comes to financial support, cohabiting partners are not legally required to support each other in the same way married couples might be. Any child maintenance arrangements must be handled separately - either through the Child Maintenance Service or by private agreement. Living together does not give either partner an automatic right to financial support from the other.

Why seek legal advice?

If you are in a committed relationship but not married or in a civil partnership, the legal disadvantages of cohabitation can leave you exposed. With no automatic rights and no clear safety net, it is essential to understand your legal position and take steps to protect your interests.

At Clough & Willis, our expert family lawyers advise cohabiting couples on how to formalise their arrangements, safeguard their property and reduce the risk of legal disputes. We can help you by drafting a legally binding cohabitation agreement that reflects your circumstances and future plans.