Joint Tenants
Joint Tenants
- Both partners own the property equally.
- If one partner dies, their share automatically passes to the other.
- On sale, each partner receives an equal share of the proceeds.
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Family Law
Cohabitation: Clarity for Couples Who Live Together
More couples in the UK are choosing to live together without getting married than ever before. But while cohabitation is now the fastest-growing family type, the law has not kept pace. Many people are shocked to learn that living together does not give you the same rights as marriage or civil partnership.
At Gordons Partnership, we help cohabiting couples understand where they stand, protect their interests, and plan for the future. Whether you are starting a life together, buying a home, or separating, we provide clear advice in plain English.
The Myth of the “Common Law Spouse”
You may have heard the phrase common law husband or common law wife. Sadly, this has no legal meaning in England and Wales. No matter how long you have lived together, you do not acquire the same rights as a married couple.
This can lead to unfairness when relationships end or when one partner dies. Property, savings, and pensions are not automatically shared, and there is no right to claim spousal maintenance. That is why early advice, and sometimes a formal agreement, is so important.
Property and Home Ownership
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Tenants in Common
Tenants in Common
- Each partner owns a defined share, which can be equal or unequal.
- Shares can be set out in a written trust deed.
- Each partner’s share can be left to someone else in a will.
It is possible to change from joint tenants to tenants in common by serving a Notice of Severance and registering the change with the Land Registry.
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Sole Ownership
Sole Ownership
If the home is in one partner’s name only, the other partner has no automatic right to a share, even if they have lived there for years. However, in some cases the non-owning partner may be able to establish a claim if they contributed financially or acted to their detriment based on a promise of ownership.
The law can recognise claims through doctrines such as constructive trust or proprietary estoppel. These are complex and fact-specific, and success often depends on evidence such as payments made, promises given, or sacrifices made.
Cohabitation Agreements
The best way for couples to protect themselves is to set out clear arrangements in writing. A cohabitation agreement can:
- Confirm how bills, rent, or mortgage payments will be shared.
- Set out what happens to the home if you separate.
- Protect assets you brought into the relationship.
- Provide clarity about financial support for children.
These agreements are particularly useful for:
- Couples where parents have contributed to buying a home.
- Families where one partner wants to ensure assets pass to children from a previous relationship.
- Younger couples buying their first property together.
A well-drafted agreement can prevent costly disputes later and give both partners peace of mind.
Financial Support
Unlike married couples, cohabitants cannot claim spousal maintenance when a relationship ends. There is no ongoing duty to support a former partner financially.
The only exception is where there are children. In that case:
- Child maintenance can be claimed through the Child Maintenance Service.
- Applications can be made under Schedule 1 of the Children Act 1989 for additional financial support, such as housing provision for children. This may include the costs of caring for children.
Why Advice Matters
Cohabitation law is complicated because it is not covered by a single statute like divorce. Instead, claims often involve land law, trust law, and contract law. This makes disputes harder to predict and often more expensive to resolve.
Getting clear advice early can:
- Prevent misunderstandings.
- Protect financial contributions.
- Avoid costly court disputes.
- Provide certainty in the event of separation.
Our Approach
We understand that conversations about money and property can be uncomfortable, especially at the start of a relationship. Our role is to make these discussions easier by explaining your rights in plain English and giving you practical options.
Speak To Our Team
We explain the law clearly so you know exactly where you stand.
We help couples plan ahead with agreements that protect both parties.
We support clients on separation, working to resolve disputes fairly and cost-effectively.
We focus on people as well as the law, recognising the emotional impact of these issues.
Questions Clients Often Ask
If we’ve lived together many years, do I get the same rights as a married couple?
No. The length of time makes no difference, there is no legal recognition of “common law marriage.”
If the house is in my partner’s name, do I have any rights?
Not automatically. But you may have a claim if you contributed financially or relied on promises of ownership.
Can I be forced to leave the home?
If you are not a legal owner, your rights are limited. However, where children are involved, the court can make orders to ensure they are properly housed.
Do I need a cohabitation agreement?
If you are living together and want clarity about finances or property, an agreement is highly recommended. It can save significant stress if the relationship ends.
Why People Choose Gordons Partnership
Clients come to Gordons Partnership because we give clear, straightforward advice in an area where myths and misunderstandings are common. We do not just explain the law, we explain what it means for you.
- We are approachable and easy to talk to.
- We make complex law understandable.
- We focus on fair, practical solutions.
- We have experience helping couples plan, protect, and, where needed, separate with clarity.
Meet Our Family Law Team
If you need advice on any family matter, please do not hesitate to contact our family law team.
Speak to Our Family Law Team
If you are living with a partner, buying a property, or separating after cohabitation, we can help. We provide confidential advice tailored to your situation and help you protect your interests.
Gordons Partnership – clarity and confidence in legal advice, from people you can trust.
Email Judith Fitton, Mark Studdart, Laura Cavannagh, Liberty Lawson to arrange a confidential conversation.
