Do Unmarried Couples Really Need Legal Protection When Living Together?

Do Unmarried Couples Really Need Legal Protection When Living Together?

Introduction

Many couples build long, settled lives together without ever marrying. You may share a home, raise children, care for one another, and consider yourselves family in every meaningful way. It is completely understandable, therefore, that people often assume the law will treat them as if they were married.

However, in England and Wales, living together does not automatically create the same rights and protections as marriage or civil partnership. This can come as a surprise — particularly when a relationship ends, or where one partner dies.

This article explains why legal protection can matter for unmarried couples, where the most common risks arise, and how clear agreements and sensible planning can provide peace of mind.

“Common law marriage” and why it causes confusion

The phrase “common law marriage” is widely used, but it does not create a legal status. There is no rule that says you become legally equivalent to a spouse after a certain number of years living together.

That means unmarried partners do not automatically have the same rights to property, financial support, or inheritance as married couples. In practice, the law often focuses on legal ownership and written evidence, rather than the reality of day-to-day family life.

If you separate: why it can be more uncertain

For married couples, divorce law provides a clear process for dealing with finances, the family home, pensions and future needs. For unmarried couples, it is different.

If you separate while unmarried, financial disputes often turn on:

• whose name is on the title to the property

• what was paid, and by whom

• what was agreed (and whether that can be proved)

Where a home is held in one person’s name, the starting point is typically that it belongs to that person. In some circumstances, the other partner may be able to argue they have an interest, but this can involve complex legal principles and is not guaranteed.

The home: the most common area of dispute

Property issues arise in a number of familiar situations:

A home owned by one partner[Text Wrapping Break]One person purchases the property and the other moves in. Over the years, the non-owner may contribute to the mortgage, pay for improvements, or take on significant household costs. Without documentation, it can be difficult to show what the intention was regarding ownership.

A home purchased jointly, with unequal contributions[Text Wrapping Break]Two people buy together, but perhaps one paid most of the deposit. If there is no written record of shares, disagreements can arise later about what each person should receive if the property is sold.

Improvements and extensions[Text Wrapping Break]Families often improve a home over time. If one partner funds major works, they may expect that to be recognised if the relationship ends — but again, without clear paperwork, it may be disputed.

Finances: what feels “shared” may not be legally shared

Unmarried couples often operate with shared finances: joint accounts, shared bills, and sometimes joint borrowing. In law, responsibility can depend on whose name is on the agreement.

For example, if you take out credit or a loan in your sole name, you may remain solely responsible for it, even if it benefited the household. Similarly, if you contribute to costs while the property is owned by your partner alone, those payments may be seen as living expenses rather than building an entitlement.

If one partner dies: the risk is often greater than people realise

When someone dies without a Will, intestacy rules decide who inherits. Unmarried partners are not automatically included. This can lead to very difficult situations, such as:

• the home passing to children or wider family, rather than the surviving partner

• the surviving partner facing uncertainty about their living arrangements

• the need for the surviving partner to pursue a legal claim for financial provision

Even where claims are possible, they take time and can be distressing at an already difficult moment.

Children: support can be addressed, but it is not the same as divorce law

Where children are involved, there are legal routes to ensure financial provision for them. However, these arrangements are distinct from the financial framework that applies on divorce and may not resolve broader issues of adult financial fairness or property division.

Practical legal protections that can help

Putting sensible protections in place is often about clarity — making sure both partners understand what is intended and avoiding uncertainty later.

A cohabitation agreement can record arrangements such as:

• how household costs are shared

• how mortgage payments and improvements are treated

• what should happen to the home and possessions if you separate

• how debts should be handled

Where property is involved, a declaration of trust can be particularly important to confirm ownership shares and reflect contributions.

It is also sensible for unmarried couples to consider:

• Wills, so you can provide for one another

• Lasting Powers of Attorney, so trusted people can assist if you lose capacity

Summary

Living together can create a strong, committed family life — but the legal position does not automatically match that commitment. Unmarried couples can be left exposed to uncertainty around property, finances and inheritance.

Clear agreements and careful planning can reduce the risk of disputes and ensure your wishes are respected.

A supportive next step

At Sheltons Solicitors, we regularly help individuals and couples put the right safeguards in place, with a calm and practical approach. Whether you are moving in together, buying a property, or reviewing your plans for the future, we can advise on cohabitation agreements, property arrangements, Wills and lasting powers of attorney — so you can move forward with confidence.

Sheltons Solicitors[Text Wrapping Break]Visit: www.sheltons-solicitors.co.uk[Text Wrapping Break]Call: 0115 955 3444[Text Wrapping Break]Email: info@sheltons-solicitors.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. Sheltons 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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