More couples than ever in the UK are choosing to cohabit rather than get married or enter a civil partnership. But what does cohabiting actually mean, and how does it differ legally from marriage? In this guide, we’ll explain the legal definition of cohabitation, what rights cohabiting couples have, and how they can protect themselves.
What is a cohabiting relationship?
A cohabiting relationship is when a couple lives together without being married or in a civil partnership. It’s a common choice for couples who want to share a home but don’t feel the need to formalise their relationship legally. Some key points about cohabiting relationships:
There is no legal status for cohabitation in the UK.
Cohabiting partners do not have the same automatic rights as married couples.
If the relationship ends, property, finances, and children’s arrangements are not legally protected in the same way as marriage.
Cohabiting partners can create legal agreements to clarify financial responsibilities and protect their assets.
💡Editor's insight: "According to the Office for National Statistics (ONS), 'The proportion of people who live in a couple that are cohabiting has increased from 20.6% in 2011 to 24.3% in 2021, an increase across all age groups aged under 85 years'"
What is a ‘common law partner’?
Many people believe that after living together for a certain number of years, they gain the same rights as a married couple. This is often referred to as being a ‘common law partner’. However, common law marriage does not exist in the UK. No matter how long you live together, you do not gain automatic rights to your partner’s property, pensions, or financial assets.
Why do couples choose to cohabit?
There are several reasons why couples choose to live together without getting married:
Financial reasons: Marriage can be expensive, and many couples prefer to focus on buying a home together first.
Personal preference: Some couples don’t see the need for marriage and are happy living together without formal legal ties.
Trial run before marriage: Some people see cohabitation as a way to test their compatibility before making a long-term legal commitment.
Avoiding legal complications: Marriage comes with financial and legal implications, such as shared debts and inheritance laws, which some couples prefer to avoid.
What are the legal benefits of cohabitation?
1. Financial independence
Cohabiting couples maintain financial independence, meaning they are not legally obligated to share assets or debts. Unlike marriage, where financial responsibilities may be merged, cohabiting partners can decide how to manage their finances without legal constraints. This can be beneficial if:
One or both partners have significant personal assets or debts.
They want to keep financial matters separate.
They prefer to divide bills and expenses based on their personal circumstances rather than legal obligations.
2. Easier separation process
Unlike marriage, cohabitation does not require a formal legal process to separate. This means that if the relationship ends, there is no need for costly divorce proceedings or financial settlements. Instead, partners can make their own arrangements regarding property, assets, and living situations.
Pros and cons of cohabitation
Pros ✅ | Cons ❌ |
|---|---|
More freedom - no legal process is required to move in together or separate. | No automatic legal protection for property, finances, or children. |
Easier to separate - no need for divorce or court proceedings. | No rights to a partner’s pension or inheritance unless stated in a will. |
Financial independence - no obligation to share assets or debts. | If one partner owns the home, the other may have no legal claim if they separate. |
Lower costs - no wedding expenses or legal fees related to marriage. | No legal rights as a ‘common law spouse’ - this status does not exist. |
What rights do cohabiting couples have?
Cohabiting couples do not have the same rights as married couples in areas like property, inheritance, and financial support. However, they do have some legal protections under certain circumstances.
Property rights
If a couple jointly owns a home, both partners have equal rights to the property, regardless of who contributed more financially. However, if the home is owned by just one partner, the other has no automatic right to it unless they can prove financial contributions or agreements, such as:
Making mortgage payments.
Paying for home improvements that increased the property's value.
Having a declaration of trust in place outlining property shares.
Children’s rights
Both parents have a legal responsibility to financially support their children, whether married or not. However, parental responsibility (the legal right to make decisions about a child’s upbringing) is automatically granted only to:
The biological mother.
The father, but only if he is named on the child’s birth certificate (for children born after December 2003 in England and Wales).
Unmarried fathers can obtain parental responsibility by:
Being added to the birth certificate.
Signing a parental responsibility agreement with the mother.
Applying for a court order.
Inheritance rights
Unlike married couples, cohabiting partners do not automatically inherit each other’s assets if one partner dies. Even if they have been together for decades, the surviving partner may receive nothing unless:
The deceased partner left a will specifying their inheritance.
The surviving partner makes a legal claim under the Inheritance (Provision for Family and Dependants) Act 1975, which can be a lengthy and costly process.
To ensure financial security, cohabiting couples should:
Write a will to outline inheritance wishes.
Set up joint ownership of property and bank accounts where applicable.
Consider life insurance policies that benefit their partner.
Financial rights and support
If a married couple divorces, one partner may be entitled to spousal maintenance (financial support). However, cohabiting couples do not have this right, no matter how long they have lived together. If a cohabiting couple separates, each partner is responsible for their own finances unless they have a legal agreement in place. Exceptions where financial claims may be possible:
How can a cohabitation agreement help?
A cohabitation agreement is a legal document that outlines financial arrangements, property ownership, and responsibilities. It can cover:
Who owns what in the relationship
How rent, mortgage, and bills are divided
What happens to property if the relationship ends
Arrangements for children
This agreement provides legal protection for both partners and helps avoid disputes if the relationship breaks down.
Civil partnership vs. cohabiting compared
A civil partnership is a legally recognised relationship that gives couples the same legal rights as marriage. Cohabiting, on the other hand, provides no automatic legal protection.
Feature | Civil partnership | Cohabiting |
|---|---|---|
Legal status | Legally recognised relationship | No legal status |
Financial protection | Rights to partner’s assets, pensions, and inheritance | No financial protection unless agreements are in place |
Parental rights | Both partners automatically share parental responsibility | Only the mother automatically has parental responsibility |
Separation process | Legal process required to dissolve the partnership | No legal process needed |
FAQs
Do cohabiting couples have the same rights as married couples?
No. Cohabiting couples do not have automatic rights to each other’s property, pensions, or inheritance. Marriage or civil partnership provides stronger legal protection.
How can cohabiting couples protect their legal rights?
Create a cohabitation agreement to outline financial responsibilities.
Make a will to ensure your partner inherits your assets.
Set up a declaration of trust if buying property together.
Do cohabiting couples have equal property rights?
No, cohabiting couples do not have equal property rights unless they jointly own the home. If only one partner is named on the title deeds, the other has no automatic legal claim to the property unless they can prove financial contributions or a prior agreement, such as a declaration of trust.
What are the pension rights for cohabiting couples?
Cohabiting partners are not automatically entitled to their partner’s pension benefits. Some workplace pensions allow unmarried partners to be named as beneficiaries, but this must be arranged in advance. Unlike married couples, cohabiting partners do not have automatic pension rights if their partner dies.
What are the main risks of cohabitation?
The biggest risks include lack of legal protection, especially in areas like property ownership, inheritance, and financial support. Unlike marriage, cohabitation offers no automatic rights, meaning partners could face difficulties in case of separation or death.
What happens to debt for a cohabiting couple?
Each partner is responsible for their own debts unless the debt is jointly taken out, such as a mortgage or loan. If one partner defaults on a joint debt, the other may still be legally liable. Cohabiting partners should clearly outline financial responsibilities in a cohabitation agreement to prevent disputes and unexpected financial burdens.
Final thoughts
Cohabitation is a popular choice for many couples, but it’s important to understand the legal differences between marriage and living together. Unlike married couples, cohabiting partners have no automatic legal protection, so taking legal steps like creating a cohabitation agreement or writing a will is crucial to safeguarding your rights.
Looking for legal advice? Get in touch today for a fixed fee quote and to see how our family law solicitors can help.
References
Living arrangements from the Office for National Statistics
