By Melissa Gire, Associate Solicitor, Family & Matrimonial, CooperBurnett LLP
Nearly a quarter of couples choose to live together without getting married. However, a persistent myth endures – the idea that if you live with your partner for a long time, you automatically become ‘common law’ husband and wife. Common law marriage has, in fact, no legal standing and cohabiting couples do not automatically gain the rights and protections afforded to married couples or civil partners.
Property owned by one partner remains theirs, unless rights are formally established; while cohabiting couples also do not have the same inheritance rights.
The lack of statutory protection often leaves cohabitants vulnerable and reliant on complex trusts and property laws to assert their interests.
Recognising the challenges faced by cohabiting couples, the UK Government on 5 June 2026 launched a consultation on the legal protections for unmarried cohabiting couples. The consultation seeks views on whether reforms are needed to strengthen rights for cohabitants and address the gap. Further protections may include:
Automatic inheritance: Currently, if your partner passes away and there is not a valid Will in place, you are not treated as next of kin. The Government plans to introduce Automatic Inheritance Laws for greater protection.
Enhanced legal rights: Cohabiting partners may gain new legal rights if they have lived together for three years or share a child together.
Domestic Abuse protection: Under new laws, the courts could give greater power to those experiencing domestic abuse, whether you are married or unmarried.
Until any reforms are enacted, cohabiting couples must take proactive steps to protect themselves. This includes seeking legal advice before moving in together, creating Cohabitation Agreements and ensuring clarity over property ownership and financial arrangements.
If you wish to discuss this further, please do not hesitate to contact Melissa Gire by email:
meg@cooperburnett.com or tel: 01892 515022
This blog is not intended as legal advice that can be relied upon
