Cohabitation
Living Together Without Marriage: Know Your Rights
More couples than ever are choosing to live together without getting married or entering into a civil partnership. However, many people are unaware that unmarried couples do not have the same legal rights and protections as married couples or civil partners.
A common misconception is that living together for a number of years creates a “common law marriage”. In England and Wales, this is a myth. There is no such legal status as a common law husband or common law wife.
As a result, many cohabiting couples can be left financially vulnerable if their relationship breaks down or one partner dies.
At Gard & Co Solicitors, our experienced family law team advises unmarried couples on their legal rights and helps protect their interests through carefully drafted Cohabitation Agreements and related legal arrangements.
What Is a Cohabitation Agreement?
A Cohabitation Agreement is a written agreement between unmarried partners who live together or intend to live together.
The agreement sets out how financial and practical matters will be dealt with during the relationship and what should happen if the relationship later ends.
A properly drafted Cohabitation Agreement can help avoid uncertainty, reduce conflict and provide valuable protection for both parties.
Why Should Unmarried Couples Consider a Cohabitation Agreement?
Many people assume they will automatically acquire rights over their partner’s property, savings or assets simply because they have lived together for a long time.
Unfortunately, this is often not the case.
Without legal protection, you may find yourself in a difficult position if:
- The family home is owned solely by your partner
- You have contributed towards mortgage payments or improvements but have no formal ownership rights
- One partner receives an inheritance
- One person contributes significantly more than the other towards household finances
- You have children together
- The relationship unexpectedly breaks down
A Cohabitation Agreement allows you to record your intentions and helps ensure both parties understand their rights and responsibilities from the outset.
The Myth of Common Law Marriage
One of the most common misunderstandings in family law is the belief that couples become “common law spouses” after living together for a certain number of years.
This is simply not true.
Even if you have lived together for many years, have children together and share financial commitments, you do not automatically acquire the same legal rights as a husband, wife or civil partner.
This can come as a surprise when relationships end, particularly where one partner has sacrificed career opportunities, contributed financially to the household, or helped raise children.
Understanding your legal position before problems arise is often the best way to avoid future disputes.
What Happens If We Separate?
The legal position for unmarried couples is very different from that of married couples.
Property Rights
If a property is owned entirely in your partner’s name, you may have no automatic right to remain living there following separation.
The position can be particularly complicated where one partner has contributed financially but is not named as a legal owner.
Financial Support
Unlike divorce, there is generally no automatic right for one unmarried partner to receive maintenance from the other following separation.
However, child maintenance obligations can still apply where children are involved.
Savings and Personal Assets
Assets held in one person’s sole name generally remain theirs.
Jointly owned assets are usually divided according to legal ownership or each person’s financial contribution.
Children
Parents continue to have responsibilities towards their children regardless of their relationship status. However, unmarried fathers who are not named on a child’s birth certificate may need to consider whether they have parental responsibility.
What Happens If My Partner Dies?
Many cohabiting couples are surprised to discover that they do not enjoy the same inheritance rights as married couples.
Without appropriate planning:
You May Not Automatically Inherit
If your partner dies without a valid Will, you may not receive any of their estate, regardless of how long you lived together.
This can include their share of the family home.
Inheritance Tax Considerations
Unlike married couples and civil partners, unmarried partners do not benefit from the same inheritance tax exemptions.
This can create unexpected financial consequences for surviving partners.
Pensions and Bereavement Benefits
Some pension schemes provide benefits for unmarried partners, but this is not always the case. Entitlement should be checked carefully.
State benefits and pension rights can also differ significantly from those available to married spouses and civil partners.
How Can Unmarried Couples Protect Themselves?
There are several important steps that cohabiting couples should consider.
Enter Into a Cohabitation Agreement
A Cohabitation Agreement can clarify:
- Ownership of property
- Contributions towards mortgage payments
- Responsibility for bills and debts
- Treatment of savings and investments
- Future inheritances
- Arrangements if the relationship ends
Make Wills
Without a valid Will, unmarried partners may receive nothing from each other’s estate.
Carefully drafted Wills are often one of the most important forms of protection available to cohabiting couples.
Consider How Property Is Owned
Where a property is jointly owned, the method of ownership can have significant consequences.
Professional legal advice can help you understand the most suitable ownership structure for your circumstances.
Protect Children’s Interests
Parents should consider wider issues including parental responsibility, guardianship arrangements and financial provision for their children.
How Our Cohabitation Solicitors Can Help
At Gard & Co, we help unmarried couples put sensible legal protections in place before problems arise.
We can assist with:
- Cohabitation Agreements
- Property ownership arrangements
- Declarations of Trust
- Unmarried couple rights
- Child-related issues
- Financial arrangements between partners
- Protecting inheritances
- Will preparation and estate planning
- Cohabitation disputes
Our aim is to provide practical advice that protects your interests and gives you peace of mind.
Why Choose Gard & Co Solicitors?
Our experienced family law team understands the unique legal challenges faced by unmarried couples.
Clients choose Gard & Co because we:
- Provide clear and practical legal advice
- Explain complex legal issues in straightforward language
- Offer tailored solutions rather than standard documents
- Take a proactive approach to protecting our clients
- Have extensive experience in family law matters
- Work closely with our Private Client team where inheritance and estate planning issues arise
We help clients plan ahead and avoid the uncertainty and expense that can result from inadequate legal protection.
Speak to a Cohabitation Solicitor in Plymouth
If you are living with your partner, planning to move in together, or would like advice about your legal rights as an unmarried couple, our family law team is here to help.
To arrange your free initial consultation, contact Claire, Sean or Charlotte on Plymouth 01752 668246 or send an email by clicking here.
If you are looking for a cohabitation solicitor in Plymouth, Plympton, Plymstock and the surrounding area, choose the Plymouth cohabitation solicitors, Gard & Co. Solicitors.
