Unmarried cohabiting couples make up one of the fastest-growing family dynamics in England and Wales. However, despite declining marriage rates and an increase in cohabitation, current family law legislation provides much less protection to unmarried couples or to those in a civil partnership.
Contrary to popular belief, there is no such thing as ‘common law marriage’. So, regardless of how long you have been living with your partner, you will not have the same legal and financial protections as married or civil partnership couples if you were to separate or if one of you dies without a Will.
So, if you are living with your partner or about to buy a property together, understanding your legal rights and the steps you can take to protect yourself is vital.
In this blog, our family law and private team looks at the importance of cohabitation agreements and the other legal documents unmarried couples should consider when buying a home or living together.
Current Legal Rights of Cohabiting Couples
The government is expected to launch a consultation on cohabitation law reform in Spring 2026. However, until any changes to the law are passed, the current legal framework remains the same.
If an unmarried couple owns assets jointly, then these assets usually pass to the surviving owner. This could be a joint bank account or property held as joint tenants. If an unmarried couple does not own assets jointly, then the surviving partner will only inherit from the estate if this is stated in the deceased partner’s Will. If that person does not have a Will, then they will be considered to have died ‘intestate’, and those entitled to their estate will be determined by following the rules of intestacy.
Furthermore, if you are not married or in a civil partnership, you do not automatically have the same rights to financial support if you separate. It should also not be assumed that the surviving partner will have access to the deceased partner’s pension or life insurance policy unless provided for in a Will.
At Bridge McFarland LLP, we recognise the need for a change to the law to provide legal protections for cohabiting couples, to secure fair outcomes at the time of separation and look forward to seeing the outcome of the upcoming government’s cohabitation law reform.
Important Legal Documents for Unmarried Couples
There are no guarantees about what cohabitation laws will come into effect or when. Until then, there are various legal documents that all unmarried cohabiting couples should consider, especially when buying a property together. These include:
1. A Cohabitation Agreement
A Cohabitation Agreement is a legal document outlining the arrangements you and your partner have agreed upon regarding your property, money, and any childcare plans in case of a breakup. It can cover everything from who gets what in terms of assets and who is responsible for any debts to how you will divide your household expenses and responsibilities. A cohabitation agreement can also include arrangements for any pets you have together and how they would be cared for, or who they would live with, in the event of a separation.
2. A Declaration of Trust
A declaration of trust is separate from a cohabitation agreement as it focuses specifically on property ownership. It sets out each partner’s ownership shares and, crucially, what should happen in certain circumstances, such as if you separate. A declaration of trust can confirm:
- The ownership share of each partner
- The financial contributions towards a deposit
- How ongoing mortgage payments are handled, and the confirmed split if one is paying more than the other
- What happens if one partner wants to sell the property
- How the proceeds of the sale of the property will be divided
- What happens in the event a relationship ends
It is highly recommended to have a declaration of trust in situations where contributions towards a property purchase are unequal or where family members, such as parents, have provided financial contributions.
3. Ensure You and Your Partner Have a Will
One of the best ways for unmarried partners to protect each other is to write a Will. Your Will can specifically set out how you wish your partner to be provided for as a beneficiary from your estate. You can also contact your pension and life insurance providers to include your partner as a beneficiary.
By setting up these documents, it is easier to determine what will happen to your property, money, and other assets in the event of your death or a separation. These steps are crucial in removing uncertainty for you and your partner, helping to prevent future disputes or stressful situations.
For further information, read some of our previous articles, including:
- Do you need a Cohabitation Agreement?
- Can I Make a Claim Under the Inheritance Act 1975?
- Dangers Of Using Unregulated Professionals in Drafting a Will
Cohabitation Agreement Solicitors
If you are living with your partner or thinking about buying a property in Lincolnshire together, we understand the importance of setting up the right legal documents.
At Bridge McFarland LLP, our friendly and experienced family law and private client solicitors can help you understand your position and offer solutions tailored to your specific needs and circumstances. We can provide you with specialist legal advice on all aspects of cohabitation and other legal documents, so you can be confident that you are protected if anything unexpected happens in your relationship.
We can help couples with various cohabitation rights and disputes to protect their legal rights. Our lawyers can help with:
- Cohabitation Agreements
- Wills for Cohabiting Couples
- Declarations of Trust
- Beneficial Ownership
- Cohabitation Disputes
Need advice about cohabitation rights? Contact us online or call 0800 987 8800. Find out more about our family law services and private client services.
This article is for general information only and is not legal advice. If you require advice tailored to your circumstances, please contact our solicitors directly.
