Understanding Your Rights as an Unmarried Couple
Did you know that if you live with your partner but are not married or in a civil partnership, you don’t have the same rights over your home as married couples do?
This comes as a shock to many people. The idea of a “common law marriage” (that living together for a certain number of years gives you the same rights as a spouse) is one of the biggest legal myths in England and Wales.
So, what happens to the family home if a cohabiting couple separates? Let’s look at how the law works and what you can do to protect yourself.
Do Unmarried Couples Have Rights to the Family Home?
In England and Wales, unmarried couples do not have automatic rights to the family home if they separate. Legal ownership depends on whose name is on the title, financial contributions made, and any written or implied agreements. Courts apply property law, not family law, so “common law marriage” has no legal standing.
The Myth of Common Law Marriage
There is no such thing as common law marriage in England and Wales. Simply living together, even for decades, does not give you automatic financial claims against each other.
Your rights depend on property law, not family law.
This means the court will look at who legally owns the property, not who needs it more or what might be considered “fair.”
How the Law Views Cohabitees’ Homes
Ownership of property between unmarried couples is decided under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
The key questions are:
- Whose name is on the legal title?
- Did you make a financial contribution to the purchase, mortgage, or significant renovations?
- Was there an agreement (written or implied) about sharing ownership?
Unlike divorce, there is no duty for courts to look at fairness, needs, or the welfare of children when deciding ownership disputes between unmarried partners.
Notable Cases on Cohabitation & Homes
- Stack v Dowden [2007] UKHL 17
Confirmed that ownership usually follows the legal title, unless there’s strong evidence of a different agreement. - Jones v Kernott [2011] UKSC 53
The Supreme Court held that courts can infer a “common intention” between cohabitants and adjust ownership shares accordingly.
These cases highlight the complexity of proving ownership rights without clear written agreements.
Avoiding Disputes: Practical Tips
To reduce the risk of costly and stressful disputes, consider:
📝 Cohabitation Agreements
A written agreement can set out ownership shares, contributions to bills, and what happens if you separate.
🏡 Declaration of Trust
If you buy a property together, record in writing how much each of you is contributing and how ownership should be divided.
💡 Keep Records
If you contribute to mortgage payments, renovations, or household costs, keep bank statements and receipts — they can be vital evidence.
The Crossover with Family Law
Although property disputes for cohabiting couples are dealt with under property law, there is an important crossover with family law when children are involved.
Under Schedule 1 to the Children Act 1989, a parent can apply to the court for financial provision for a child. This might include:
- A lump sum for specific needs.
- Payment of school fees or other expenses.
- An order allowing the parent with care to remain in the family home until the child reaches adulthood.
This ensures that, even if an unmarried partner cannot claim for themselves, the court can still make orders to protect the welfare and stability of children.
Final Thoughts
Separating as a cohabiting couple is very different to divorcing. The law doesn’t look at fairness, just property rights. That’s why clear agreements and paperwork are so important.
If you live with your partner and want to understand your rights (or to put protections in place) get in touch. A simple cohabitation agreement or declaration of trust can save you from costly disputes later on.
Please note: This article is about cohabiting couples. If you are married or in a civil partnership, ownership of the family home is dealt with differently — read my other article here.