Valentine’s Day is a time to celebrate love. For many couples who have chosen to live together without marrying, it is also a moment to think about the practical realities that come with cohabitation under the law in the UK. Love may be in the air, but the law doesn’t automatically treat your relationship the same way it treats marriage and that can have serious implications if things change and your relationship comes to an end.
Cohabitation is on the rise – but so is the confusion
More and more couples in England and Wales are choosing to live together without either getting married or entering into a civil partnership. Despite this, there is a common misconception that long-term cohabitation gives you the same legal status as marriage, often referred to as the “common-law marriage”. The truth is that the common-law marriage is just a myth. UK law does not recognise common-law marriages, no matter how long you have lived together.
This Valentine’s Day, many couples may be thinking about their future together, planning moves, or even buying a home. It is important to understand that emotional commitment does not automatically translate into legal protection.
What rights do cohabiting couples actually have?
Under the law in the UK, very few rights are automatic for cohabiting couples. This is in contrast to the protections enjoyed by married couples or civil partners.
Property ownership is not guaranteed
If you buy a home together, how it is legally owned matters.
Joint Tenants own the property equally and it usually passes automatically to the other partner if one dies.
Tenants in Common can each own a defined share, which helps if contributions are unequal.
But if the property is only in one partner’s name, the other partner has no automatic legal right to a share, even if they have helped pay the mortgage or contributed towards household costs.
No automatic rights on separation.
When married couples divorce, family law allows the court to divide assets fairly, with the starting point of equality, subject to needs. For cohabiting couples, there is no similar entitlement to financial support or division of assets on separation. Unless there is an agreement to the contrary, each partner will walk away with what is legally theirs.
Inheritance is not guaranteed
If a spouse dies without a Will, the surviving spouse usually inherits under the UK’s intestacy rules. For cohabiting couples, there is no automatic right to inherit anything at all unless the deceased explicitly leaves assets to their partner in a Will.
Pensions and benefits
Many pension schemes, state pensions and death benefits only extend to spouses or civil partners. That means a cohabiting partner may miss out entirely unless they make specific arrangements with their pension provider.
Parental rights have their own rules
Unmarried couples do not automatically share parental responsibility for their children, for example, a father must be named on the birth certificate or otherwise secure parental responsibility rights through agreement or court order. Both parents are still financially responsible for supporting their children after separation, even if they are not married.
Why these differences matter – especially on Valentine’s Day
On Valentine’s Day, love and commitment feel timeless. But legal protections do not kick in just because a relationship feels serious or long-lasting. Many couples only discover the legal gaps between cohabitation and marriage when it’s too late, often after a breakup, serious illness or death.
How you can protect yourself as a cohabitant:
If you are cohabiting on Valentine’s Day and thinking about a future together, here are some practical steps that do provide legal clarity:
- Create a Cohabitation Agreement which clearly sets out financial arrangements, property shares, and expectations if things change.
- Make a Will ensuring that each partner is provided for.
- Clarify property ownership by choosing to own your property by either Joint Tenants or Tenants in Common and document your intentions from the start.
- Discuss parental responsibility early especially when you are planning a family.
Legal advice isn’t romantic, but it can protect your relationship and your peace of mind.
Speak to our experts
If you are seeking legal advice in respect of your rights as a cohabitant, or you are planning to cohabit in the future, talk to a member of our expert family law solicitors by contacting the family law team.
