FAQ

Cohabitation

Many couples who live together are surprised to learn they have far fewer legal protections than married couples or civil partners. These answers cover some of the most common questions about property, finances, children and cohabitation agreements. For advice on your own circumstances, please contact our team.

Is there such a thing as a common law marriage?

No. Living together gives you no special legal status in England and Wales, however long you have been together, although the government launched a consultation on new protections for cohabiting couples in June 2026.

What are my rights if I live with my partner and we split up?

They’re limited: you can’t claim maintenance for yourself, and your share of any property depends mainly on whose name it is in and what you each contributed. You can still make financial claims for any children, including child maintenance and claims under Schedule 1.

Is a cohabitation agreement legally binding?

Generally yes, as a contract, as long as it’s properly drafted, you both entered it freely and you both had the chance to take independent advice. A declaration of trust setting out shares in a property is also binding.

What should a cohabitation agreement include?

It should cover who owns what and in what shares, who pays the mortgage, rent and bills, and what happens to the home, belongings, debts and even pets if you separate. It should also say when you’ll review it, for example when you have children.

What happens if my partner dies and we weren’t married?

You have no automatic right to inherit unless you’re named in their will or owned property jointly as joint tenants. You may be able to make a claim against their estate if you’d lived together for two years or were financially dependent on them, but strict time limits apply.

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