A widespread belief among couples living together is that they gain similar legal rights to married couples simply through long-term cohabitation. This is a myth. In England and Wales, there is no such thing as a “common law marriage”—no matter how many years you’ve spent together under one roof.
This misunderstanding often results in emotional and financial hardship when relationships end, particularly concerning property ownership, monetary contributions, and rights to the family home.
Legal Reality for Unmarried Couples
When an unmarried relationship breaks, the law does not treat you as a couple. Instead, each person is seen as a separate legal entity. You are only entitled to what is in your name—assets, income, and property—unless you can provide solid proof of a shared financial understanding or interest.
Property Rights and Living Together
One of the biggest challenges faced by separating couples who cohabit is the division of property. Here’s how the law applies depending on your situation:
1. Joint Ownership
If both names are on the title deeds of your home:
- You are both recognised as equal legal owners unless an agreement states otherwise.
- Each party can apply to sell the property and claim their share upon separation.
- Equity is typically split 50/50 unless other terms were agreed when the property was purchased.
2. Sole Ownership
When a property is in the name of just one partner, the other does not automatically gain any rights to it—even after years of living together. However, claims may be considered if there is clear evidence that both parties intended shared ownership, such as:
- A written agreement confirming shared interest
- Verbal agreements (though harder to prove)
- Financial contributions toward the deposit, mortgage, or significant improvements
- Sale of one partner’s own home to fund the shared property or joint expenses
In these cases, a court may determine a beneficial interest based on the facts and financial history.
Understanding Ownership Structures
When purchasing a property with someone else—be it a romantic partner, friend, or relative—you must decide how ownership is registered, as this has long-term legal implications.
Joint Tenants
- Both owners share the entire property equally.
- If one dies, their share automatically transfers to the surviving owner.
- Ideal for long-term partners or spouses.
Tenants in Common
- Each person owns a specified share of the property (equal or unequal).
- Upon death, your share becomes part of your estate and does not automatically go to the other owner.
- This is useful for friends, relatives, or partners with children from previous relationships who want to maintain control of their share.
Making this decision at the point of purchase—and recording it legally—can prevent complications later.
How to Safeguard Your Rights While Living Together
Cohabiting couples can take proactive steps to secure their legal and financial positions. Key protective measures include:
- Cohabitation Agreement – Outlines responsibilities, ownership shares, and how assets should be divided if you separate.
- Declaration of Trust – Specifies how much each party owns in the property, which is especially useful for unequal contributions.
- Wills and Estate Planning – Ensures your partner is considered in the event of death, avoiding unwanted legal disputes.
Taking these legal steps early offers clarity and peace of mind while minimising the risk of future conflict.
Why Partner with The Property Buyers?
At The Property Buyers, we support individuals and families through major life transitions—separation, restructuring property ownership, or selling a home quickly. Our expert team offers tailored solutions with compassion and clarity, helping you make informed choices without the added stress.
We specialise in fast, fair, and confidential property services across the UK. We aim to remove obstacles and provide a smooth experience for clients navigating complex personal or legal changes.
Whether staying in the property, selling it, or managing an asset split, we’ll help you explore the most suitable path forward.
In Summary
In the UK, cohabiting couples do not enjoy the same legal protections as those married or in civil partnerships. If your name isn’t on the property or there’s no written agreement, you may have limited legal rights at the end of the relationship.
Understanding the difference between property law, joint ownership, and legal agreements can save you considerable stress and financial loss. It’s never too early—or too late—to plan wisely.
Have questions about your property rights or planning to sell your home after separation?
Contact us today on 0800 0122334. We’re here to help you take confident steps forward with honest advice and practical support tailored to your needs.