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Do you live together but are not married? Know your rights!!

More and more couples in England are choosing to live together without getting married or entering a civil partnership. This is called cohabitation, and it’s now the fastest-growing type of family arrangement in the UK. Despite how common it is, the law still hasn’t caught up with modern life, and that leaves many people vulnerable when relationships break down.

One of the biggest myths is the idea of a “common-law marriage.” Many people believe that after living together for a few years, they gain the same rights as married couples. Unfortunately, this isn’t true. In England and Wales, cohabiting couples have no automatic legal rights over each other’s property, finances, or pensions,  no matter how long they’ve been together or whether they have children.

If one partner owns the home, the other may have no claim to it unless their name is also on the deeds or they can prove they made a direct financial contribution. Non-financial contributions, like raising children or managing the household, generally don’t count in property law.

Unlike divorcing couples, cohabitants cannot claim maintenance, pension sharing, or an automatic division of assets. The only legal obligations that continue relate to child maintenance and support, and the court may make limited financial or housing orders for the benefit of any children involved.

To avoid future disputes, cohabiting couples are strongly advised to prepare a cohabitation agreement and ensure that property ownership and financial arrangements are clearly documented. Legal advice is essential to ensure these documents accurately reflect both parties’ intentions and provide enforceable protection.

At Progression Solicitors, our experienced family law solicitors can help you understand your rights and safeguard your interests, whether you are entering a cohabiting relationship or facing a separation.

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Lisa Bell (formerly Lisa Martin), LL.B (Director) - Progression Solicitors, Barrow-in-Furness, Cumbria

Written by:

Lisa Bell

Director

The content of this article does not constitute legal advice and should not be relied upon. Content may be subject to change and we accept no liability for individuals relying on the information within this article. Contact a member of our team for legal advice tailored to your individual needs.

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