In today’s world, more couples are choosing to live together without getting married — a personal decision that works for many. But when it comes to property and legal rights, this choice can come with unexpected consequences. A common assumption is that living together for a long time makes you a “common law partner” with the same rights as a married couple. Sadly, that’s not the case.
Whether you're thinking about moving in with a partner who owns a house, you're already living with your partner, or you're separating after years of sharing a home, it's essential to understand your rights — and limitations — under the law.
In this blog, we’ll break down the cohabitation property rights of unmarried couples in England and Wales. We’ll explain how ownership is treated, what happens if you separate, and what legal steps you can take to protect yourself. If you need tailored support, our Family Law team at HPLP is ready to help with sensitive, practical guidance.
Do unmarried couples have the same property rights as married couples?
No — and this is where confusion often arises. Despite the widespread use of the term “common law partner”, there is no such legal status in the UK. If you’re living together but not married, you do not have the same financial protections or legal entitlements as married couples — even after many years.
If a married couple separates, each spouse has a legal right to claim a share of the matrimonial home, regardless of whose name is on the property. The court has discretion to divide property, pensions, and assets based on fairness and need. But for unmarried couples, the situation is very different.
Unless your name is on the property deeds or there’s a clear agreement, you may have no automatic right to remain in or claim a share of the home — even if you’ve lived there for years or contributed financially. That’s why it’s so important to understand your legal position and plan accordingly.
What if I'm not on the title deeds or tenancy agreement?
If you’re not married but living together, and the home is in your partner’s name only, you might assume you have a claim because you've helped pay bills or contributed in other ways. Unfortunately, that’s not how the law works.
Under property law, legal ownership is based on the title deeds or tenancy agreement. If your name isn't listed, your rights are limited unless you can prove a beneficial interest. This usually involves demonstrating:
- You made direct financial contributions to the purchase or mortgage
- You and your partner agreed you’d have a share in the property
- You can show a clear common intention to share ownership
This type of claim is legally complex and typically made under the Trusts of Land and Appointment of Trustees Act (TOLATA). If you’re in this situation, our specialist cohabitation solicitors can help assess your case and explain your options clearly.
What happens to the home if we separate?
For unmarried couples who share a home, separation can be particularly stressful — especially if there's a dispute over who owns what or who gets to stay in the property.
If the property is jointly owned, the next step is to decide how to divide the asset. This might mean one person buying out the other’s share, or selling the home and dividing the proceeds.
If you can’t agree, the court may need to intervene — but only to determine ownership based on the legal and financial facts, not what’s "fair" in the broader sense as they might with divorcing spouses.
When the home is in one partner’s name only, and there’s no agreement or evidence of a beneficial interest, the non-owner partner may have no legal right to stay, even if they’ve lived there for years.
It’s important to approach separation carefully and seek legal advice early. Clear communication, supported by legal knowledge, can help avoid drawn-out disputes and protect your financial wellbeing.
Can a cohabitation agreement protect my rights?
Yes — and it’s one of the best things unmarried couples can do to safeguard their future. A cohabitation agreement is a formal legal document that sets out what happens to property, finances, and other shared responsibilities if the relationship ends.
It can include:
- Who owns what (now and in future)
- How mortgage or rent is paid
- How household bills are divided
- What happens if one person moves out
- Arrangements for children or pets
Think of it as a form of relationship insurance. It doesn’t mean you expect things to go wrong — it just gives you both clarity, transparency, and peace of mind. If you're living with a partner or planning to move in with someone who owns their home, we strongly recommend having a cohabitation agreement drawn up.
At HPLP, we offer friendly, non-judgmental advice on creating cohabitation agreements tailored to your unique circumstances. You can learn more by consulting our cohabitation services.
What else should unmarried couples consider when buying a home together?
If you’re buying a property jointly as an unmarried couple, it’s crucial to be clear about how you’re owning it. There are two main ways to own property jointly:
- Joint Tenants – both parties own the whole property equally. If one person dies, the other automatically inherits their share.
- Tenants in Common – each party owns a defined share (which can be 50/50 or another percentage). This is essential if one person contributes more to the deposit or mortgage.
If you’re contributing unequally to the purchase, you should also sign a declaration of trust that formally records your respective shares. This can prevent arguments later, especially if the relationship ends or one person wants to sell.
These legal documents don’t have to be complex or costly, but they can save you a huge amount of stress down the line. As always, our team can support you with the right advice for your circumstances.
Get expert advice on property rights for unmarried couples
Being in a committed relationship without being married shouldn’t mean giving up your security. If you’re unsure of your cohabitation property rights, separating from a partner, or planning to move in together, HPLP can help you take the right steps.
Our Family Law team offers specialist advice to unmarried couples looking to understand their rights to property, set up cohabitation agreements, or resolve disputes after a separation. We’ll guide you with empathy, clarity, and practical solutions.
Contact our London office or make an enquiry online, and a member of our team will be in touch shortly.