Many couples in the UK choose to live together without getting married. While cohabitation is becoming increasingly common, many people don’t realise that cohabiting couples have very few legal rights compared to married couples. In this guide, we’ll break down what happens when a cohabiting couple separates, the legal rights they have, and how to protect yourself.
What happens when a cohabiting couple separates?
Unlike married couples, cohabiting couples do not go through divorce proceedings when they separate. Since there are no automatic financial claims, each person typically leaves with what they legally own. Each case is unique, but here’s what generally happens:
If one partner owns the home, the other has no legal right to stay unless their name is on the title deed or they can prove a financial contribution.
Jointly owned assets are divided based on legal ownership, which can be complex if finances are intertwined.
There are no automatic financial support rights - unlike divorce, where one partner may be entitled to spousal maintenance.
Child arrangements must be agreed upon, including where the children will live and how finances will be handled.
Because of these challenges, many cohabiting couples face legal battles after separation, especially when it comes to property and financial disputes.
What legal rights does a cohabiting couple have in the UK?
Although cohabiting partners do not have the same legal rights as married couples, there are some protections in specific areas.
Property
Property ownership is one of the biggest legal issues when cohabiting couples separate. If the home is in one partner’s name, the other has no automatic right to stay or claim ownership unless:
Their name is also on the property deeds.
They can prove they have financially contributed to the property (e.g. paying towards the mortgage or renovations).
There is a legal agreement in place, such as a declaration of trust.
If the home is jointly owned, both partners have equal rights unless specified otherwise. Since property disputes can be difficult to resolve, a declaration of trust can help clarify ownership and financial contributions before problems arise.
Children
When cohabiting parents separate, their rights and responsibilities are based on UK family law. Both parents remain responsible for the child, regardless of marital status. Mothers automatically have parental responsibility. Fathers only have parental responsibility if:
They are named on the birth certificate (for children born after 2003).
They have a parental responsibility agreement or court order.
Child arrangements must be agreed upon, including where the child will live and how financial support will be handled. If parents cannot agree, the court may issue child arrangement orders.
Pensions
Unlike married couples, cohabiting partners do not automatically inherit pensions if their partner dies.
State pensions cannot be inherited by an unmarried partner.
Private and workplace pensions may allow nominations, but this must be done in advance - it is not automatic.
Death in service benefits often go to the next of kin, which means a cohabiting partner could miss out.
To ensure pension rights are protected, it’s essential to nominate your partner in writing with your pension provider.
What can a couple do to protect themselves?
Because cohabiting couples do not have automatic legal rights, it’s important to take proactive steps to protect property, finances, and future security.
Cohabitation agreements
A cohabitation agreement is a legally binding document that outlines:
Who owns what in the relationship
Financial responsibilities, including mortgage payments and bills
What happens if the relationship ends, including property and asset division
This agreement helps avoid disputes and financial uncertainty. Many cohabiting couples choose to put one in place before moving in together.
Wills
Since cohabiting partners do not automatically inherit each other’s estate, having a legally valid will is essential. A will ensures that:
Your partner receives your assets if you pass away.
Your children or dependents are financially provided for.
Any joint property ownership is handled according to your wishes.
Without a will, a surviving partner may receive nothing, as UK inheritance laws prioritise married couples and blood relatives.
Declaration of trust
A declaration of trust is a legal document that outlines who owns what percentage of a property. It is particularly useful when:
One partner contributes more to the deposit or mortgage.
A couple wants to clarify financial responsibilities before buying a home.
There is unequal ownership, and both partners want legal protection.
A declaration of trust prevents ownership disputes and ensures both partners are legally protected.
FAQs
Do cohabiting partners have the same rights as married couples?
No, cohabiting partners do not have the same legal rights as married couples. They do not automatically inherit assets, have no spousal financial rights, and have limited property rights.
Who gets the house if an unmarried couple splits up?
If the house is in one partner’s name, the other has no legal claim unless they can prove financial contributions. If the house is jointly owned, it is usually split based on legal ownership.
Does a partner automatically inherit property after death?
No, unmarried partners do not automatically inherit unless specified in a will or legal agreement.
How can cohabiting partners protect themselves legally?
Unmarried couples can protect themselves by:
Creating a cohabitation agreement to define financial responsibilities.
Writing a will to ensure assets are passed on.
Signing a declaration of trust when buying property together.
Final thoughts
Cohabiting couples in the UK do not have the same legal protections as married couples, making separation more complicated. Sadly, there are no automatic financial rights, and property disputes can arise if ownership isn’t clearly defined.
Looking for legal help? Get in touch today for a free quote and to see how our family lawyers can help.
References
Parental responsibility from Gov.UK
