The myth of common law marriage: Protecting cohabiting couples under UK law

Articles  |   27 October 2026

Cohabiting couples are the fastest growing family type in the UK. Many unmarried couples share homes, raise children, blend their finances and make significant sacrifices for their family. Some choose not to marry for cultural, personal or financial reasons; others remain unmarried because one partner does not wish to, or because the other partner doesn’t realise they have to, to have better financial security. 

Following Resolution’s response to the Government’s recent consultation, “A fairer end to relationships,” family law expert Stuart Ruff and conveyancing expert Claire Josef break down the key legal implications.

The myth of ‘common law marriage’ remains widespread with many continuing to assume that living together creates legal rights and responsibilities comparable to marriage. It does not, thereby leaving many people vulnerable to unexpected financial hardship when relationships end or a partner dies. The reality is that millions of people expect protections which the current law simply does not provide.

Many cohabiting couples acquire property together without fully understanding the legal consequences of joint ownership. The distinction between joint tenancy and tenancy in common can have significant implications on relationship breakdown or death, particularly where contributions are unequal or third-party funds have been provided. Greater awareness and use of declarations of trust and cohabitation agreements can help ensure ownership arrangements accurately reflect the parties' intentions and reduce the scope for future disputes.

Private Client expert Nima Stepney explains, if your cohabiting partner dies without a Will, the surviving cohabitee does not inherit under the intestacy rules. The surviving cohabitee may then need to consider making a claim against the deceased’s estate if they qualify as a potential claimant. It is therefore much better to put a Will in place to ensure that provision is made for the surviving cohabitee.

In response to this, the Government announced a consultation called “A fairer end to relationships” which closed on 14th August. Resolution, which represents 6,500 family lawyers and other professionals who support families through separation, responded to the consultation arguing the case for reforming the law for cohabiting couples was compelling and essential to reflect modern life. It remains to be seen what the Government decides to do.

Our Residential Real Estate, Family and Private Client teams work closely together to help you make informed decisions about joint property ownership, ensuring your interests are protected because choosing how to own your property can be just as important as choosing the property itself. For advice on the best ownership structure for you, please contact us on 020 8290 0440.
 

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