Do Unmarried Couples Really Need Legal Protection When Living Together?

Do Unmarried Couples Really Need Legal Protection When Living Together?

Introduction

Moving in together is a big step. For lots of couples it’s exciting, practical, and feels like a real commitment — especially when you’re sharing bills, buying furniture, or even putting money into a home. But in England and Wales, living together doesn’t automatically give you the same legal rights as being married or in a civil partnership.

You might have heard the phrase “common law marriage”. It gets used a lot, but it can be dangerously misleading. If you’re unmarried, the law doesn’t simply treat you as if you were married after a certain number of years. That misunderstanding is one of the main reasons couples get caught out when things change.

This article explains where the risks usually sit for unmarried couples — and what simple legal steps can make life much clearer (and fairer) for both of you.

The “common law marriage” myth

There’s no single legal status called “common law spouse” in England and Wales. That means living together — even for many years — doesn’t automatically create rights to:

• your partner’s property

• their pension

• their savings

• maintenance payments after separation

• inheritance if they die without a Will

That can feel surprising, especially if your lives are fully blended. But the law tends to look at ownership and paperwork, not relationship length.

What happens if you split up?

When a married couple divorces, there’s a legal framework for dividing assets and considering needs, children and fairness. Unmarried couples don’t have that same framework.

If you’re unmarried and you separate, the key questions often become:

• Who owns what? (especially the home)

• What was agreed at the time? (and can it be proved?)

• What was paid, and by whom? (mortgage, deposit, renovations)

If the home is in one person’s sole name, the starting point is usually that it belongs to that person — even if the other partner has contributed to bills or improvements. There are legal arguments that may help, but they can be stressful, expensive and uncertain.

The home: where most problems start

The family home is usually the biggest issue. Common scenarios include:

1) One partner owns the property, the other moves in[Text Wrapping Break]Maybe one person already had the house and the other starts contributing to utilities, food, council tax — and sometimes even the mortgage. Many people assume that “paying in” equals “earning a share”. Legally, it’s not that straightforward.

2) Both names are on the title, but contributions are unequal[Text Wrapping Break]If you buy together, you might contribute different amounts to the deposit or mortgage. If nothing is recorded, disputes can arise later about what each person should receive if the property is sold.

3) Renovations and extensions[Text Wrapping Break]It’s common for one partner to pay for improvements or do a lot of work themselves. If the relationship ends, the question becomes whether that created a beneficial interest in the property — again, not always clear without evidence.

Joint finances and shared responsibility

Even when couples aren’t married, they often take on shared commitments: joint bank accounts, loans, car finance, credit cards, or bills in one person’s name.

The law may treat these as straightforward contracts: if your name is on the agreement, you’re responsible. If your name isn’t, it can be hard to claim money back later, even if it felt like a shared arrangement.

What if one of you dies?

This is where unmarried couples can face real shock.

If your partner dies without a Will, you do not automatically inherit under intestacy rules (the default rules that apply when someone dies without a Will). That can mean:

the home may pass to children or other relatives, not you

you may have no automatic right to stay in the property

you may need to make a legal claim to secure financial provision

Even where a claim is possible, it can be slow, emotionally draining, and uncertain at a time when you’re grieving.

Children: a different set of rights

If you have children together, there are legal routes to deal with financial provision for the children. But it’s important to understand that child-related claims are not the same as the financial framework available on divorce. They won’t necessarily resolve disputes about adult finances or property in the same way.

So what legal protection is worth having?

Legal protection for unmarried couples doesn’t have to be complicated. Often, it’s about getting your intentions written down clearly while you’re on good terms.

A cohabitation agreement can set out how you want things to work during the relationship and what should happen if you separate — for example:

• who pays what (mortgage, bills, improvements)

• what happens to the home if you split

• what happens to savings or joint purchases

• how to handle debts

If you’re buying property together, a declaration of trust can record what share each of you owns — and whether that changes over time.

And if you live together, it’s also sensible to consider:

• Wills (so you can provide for each other)

• Lasting Powers of Attorney (so someone you trust can make decisions if you can’t)

Summary

Unmarried couples often build a life that looks just like marriage: shared homes, shared money, shared plans. But the law doesn’t automatically reflect that.

Having the right paperwork in place can prevent misunderstandings, protect contributions, and make sure your wishes are respected — whether that’s if you separate, or if the unexpected happens.

A supportive next step

At Edward Hands & Lewis Solicitors, we help couples put clear legal protections in place without turning it into a worst-case-scenario conversation. If you’re moving in together, buying a home, or simply want clarity about where you stand, we can talk you through cohabitation agreements, property arrangements and estate planning in a straightforward, practical way.

Edward Hands & Lewis Solicitors[Text Wrapping Break]Visit: www.ehlsolicitors.co.uk[Text Wrapping Break]Call: 0115 955 3444[Text Wrapping Break]Email: info@ehlsolicitors.co.uk

Disclaimer[Text Wrapping Break]The materials on this website do not constitute legal advice and are provided for general information only. Whether express or implied, no warranty is given concerning such materials. We shall not be liable for any technical, editorial, typographical, or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website.

The information contained in this article does not constitute financial advice or recommendation and should not be considered as such. Edward Hands and Lewis Solicitors does not offer financial advice and is not regulated by the Financial Conduct Authority (FCA), the authors of this article are not financial advisors and are therefore not authorised to offer financial advice.

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