Common law marriage does not exist in England and Wales
5 min read
No matter how long you have lived together or whether you have children, cohabiting partners in England and Wales get almost none of the automatic rights married couples have.
In short
- There is no such thing as a common law husband or wife in English law.
- Living together for 2, 10 or 30 years creates no automatic claim on your partner's property.
- The person named on the title deed owns the home — the other partner has to prove a claim.
- A written agreement, and a declaration of trust for the property, is what actually protects you.
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Where the myth comes from
Surveys in the UK repeatedly find that a large share of cohabiting couples believe they will acquire 'common law' rights after living together for a few years. The term has social currency but no legal meaning in England and Wales. It was abolished for practical purposes centuries ago and has never been reintroduced.
The Cohabitation Rights Bill has been proposed several times and has never become law. As things stand, cohabiting couples are the fastest-growing family type in the UK and the least protected one.
What you do not get
If you separate, an unmarried partner has no automatic right to any of the following, however long the relationship lasted:
- A share of a home owned in the other partner's sole name.
- Maintenance or spousal support for themselves after separation.
- A share of the other partner's pension.
- Inheritance if the other partner dies without a will — the estate passes under the intestacy rules to relatives, not to you.
- Automatic entitlement to the bereavement support payment or similar benefits reserved for spouses and civil partners.
What you might get — and why it is hard
An unmarried partner can bring a claim in the property itself under trust law: a resulting or constructive trust, showing you contributed to the purchase or that there was a common intention that you would share ownership, and that you acted to your detriment on that basis.
These claims are expensive, evidence-heavy and unpredictable. Contributions to the mortgage may help; paying the bills, decorating, or doing the childcare while your partner paid the mortgage very often do not. Claims for children can be made under Schedule 1 of the Children Act 1989, but those are for the child's benefit and usually end when the child grows up.
What actually protects you
Two documents do most of the work, and both are far cheaper than litigation.
- A declaration of trust, recording who owns what share of the property and how the proceeds are split on sale.
- A cohabitation agreement, covering deposits, mortgage payments, renovations, bills, contents and what happens if you split up.
- A will each — without one, your partner inherits nothing under the intestacy rules.
Scotland and Northern Ireland are different
Scotland gives cohabitants limited rights under the Family Law (Scotland) Act 2006, including a discretionary financial claim on separation that must be made within one year, and a claim on death within six months. It is still far weaker than the position of a married couple.
Northern Ireland broadly follows the England and Wales position: no common law marriage, no automatic rights.
Frequently asked questions
We have lived together for 20 years. Does that change anything?
No. In England and Wales the length of the relationship makes no difference to property rights. A couple who lived together for six months and a couple who lived together for thirty years are in the same legal position.
We have children together. Does that give me a claim on the house?
Not for yourself. You can apply under Schedule 1 of the Children Act 1989 for provision for the child, which can include the right to occupy a home until the child finishes education, but the capital normally returns to the owning parent afterwards.
Is a cohabitation agreement legally binding in the UK?
A cohabitation agreement dealing with property and finances is generally enforceable as a contract if it is in writing, both of you entered into it freely, and you each disclosed your finances. Property shares should also be recorded in a declaration of trust and, where relevant, at HM Land Registry.
This guide describes the position in England and Wales. Scotland and Northern Ireland differ — see the section above.
This guide is general information, not legal advice. Rules differ between countries — consult a local professional for your situation.
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