Cohabiting—living together as a couple without being married or in a civil partnership—is an increasingly common choice for people in England. According to the Office for National Statistics, the number of cohabiting couples has been steadily rising, making it the fastest-growing family type in the UK. However, despite its popularity, many misconceptions persist about the legal rights of cohabiting couples.
If you’re considering cohabitation or are already living with your partner, it’s important to understand what the law says about your relationship and how it might affect your finances, property, and rights.
The Myth of the "Common Law Marriage"
One of the most widespread myths about cohabitation in England and Wales is the concept of the "common law marriage." Many people believe that if they live with a partner for long enough, they gain the same legal rights as a married couple, this is not true.
In England and Wales, cohabiting couples do not have the same legal rights as those who are married or in a civil partnership, regardless of how long they’ve lived together. This distinction can have serious implications, particularly when it comes to property ownership, inheritance, and financial support in the event of a separation or death.
Key Legal Considerations for Cohabiting Couples
1. Property Rights
If you and your partner live together in a property owned by one of you, the legal owner has the primary rights to the property. Unless both names are on the deed, the non-owning partner may have limited or no claim to the property if the relationship ends.
To protect both parties, it’s wise to:
Discuss and document property ownership arrangements when purchasing a home.
Consider drafting a cohabitation agreement to outline your intentions and contributions.
2. Finances and Shared Assets
Unlike in marriage, there is no legal obligation for cohabiting partners to share finances or support each other financially if they separate. Joint accounts and shared assets should be discussed and documented to avoid disputes. A cohabitation agreement can confirm how shared financial responsibilities will be handled.
3. Children
When it comes to children, cohabiting parents have the same legal responsibilities as married parents. Both parents are financially responsible for their children, and parental responsibility can be shared if both names are on the birth certificate or through legal agreements.
4. Inheritance
Cohabiting partners do not automatically inherit each other’s estates under intestacy laws (the rules governing what happens if someone dies without a will). If one partner dies without a will, the surviving partner could be left without any legal claim to the deceased’s assets.
To avoid this, couples should:
Make a will to specify inheritance intentions.
Consider naming each other as beneficiaries for pensions and life insurance policies.
How a Cohabitation Agreement Can Help
A cohabitation agreement is a legally binding document that outlines each partner’s rights and responsibilities while living together. It can address issues such as:
Ownership and division of property.
Financial support in the event of a separation.
While it may not be the most romantic conversation, creating a cohabitation agreement can prevent misunderstandings and reduce stress if the relationship ends.
Seeking Legal Advice
Cohabitation law in England and Wales is complex and can leave many couples vulnerable if they don’t take proactive steps to protect themselves. Whether you’re moving in with a partner or have been living together for years, it’s a good idea to consult a family lawyer to understand your rights and ensure your arrangements are legally sound.
Final Thoughts
It’s essential to understand the legal differences between cohabitation and marriage in England and Wales. By planning ahead, communicating openly, and seeking professional advice, you can safeguard your interests and create a stable foundation for your future together.
If you’re unsure where to start, a qualified family law solicitor can help you navigate the legal complexities of cohabitation and ensure you’re both protected.
Contact us on 01208 812415 or info@macmillans-solicitors.co.uk or complete this questionnaire for further advice and assistance.
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