Common law marriage UK: what rights do you have?

There's no such thing as common law marriage in England and Wales. However long you've lived together, and even if you have children, a "common law wife" or husband has no automatic right to maintenance or to a share of their partner's home, savings or pension if you separate, or to inherit if their partner dies without a will.

In short

Common law marriage doesn't exist in England and Wales. However long you've lived together, and even with children, you have no automatic right to maintenance or a share of your partner's home, savings or pension.
Rights to the home depend on whose name it's in. Joint owners start from equal shares. If it's in your partner's sole name, you have to prove you were meant to have a share.
Children are protected either way. Both parents must pay child maintenance, and a parent can apply under Schedule 1 to the Children Act 1989 for orders that benefit the children.
If your partner dies without a will, you inherit nothing automatically. After at least two years living together, you can apply to court for reasonable provision, normally within six months of the grant of probate.
A declaration of trust, a living together agreement, wills and pension nominations close most of the gaps. A 2026 government consultation proposed new rights, but the law hasn't changed yet.

The UK government's own consultation paper puts it plainly: there is no legal status of common law marriage in England and Wales, whether or not a couple has children (Ministry of Justice). Yet many people believe otherwise. This guide explains the rights you do have, how to protect yourself, and what the government is proposing to change.

46%of people wrongly believed cohabiting couples form a common law marriageBritish Social Attitudes, published 2019

3.5 millioncouples living together without being married or in a civil partnershipMinistry of Justice, June 2026

2 yearsliving together before a partner can claim maintenance from the other's estateInheritance Act 1975

Is common law marriage real?

No. "Common law wife" and "common law husband" are everyday phrases, not legal ones. Living together for a long time, sharing a surname, having children or being called someone's partner on a tenancy doesn't give you the rights of a married couple. In British Social Attitudes survey results published in 2019, 46% of people thought it did, a figure that had barely changed since 2005 (University of Exeter).

The difference shows up most when a relationship ends. A divorcing spouse can ask the family court to share property, savings and pensions according to both people's needs, and to order maintenance. An unmarried partner can't. What you can claim depends mainly on whose name is on what, and on whether you have children together.

What rights does a common law wife have to the house?

It depends on whose name the home is in.

If the home is in joint names

The starting point is that you own it equally. Someone who argues for a different split has to show that you both intended something else, either when you bought it or later. That was confirmed by the Supreme Court in Jones v Kernott in 2011, where the court decided one partner was entitled to 90% (UK Supreme Court). If you signed a declaration of trust when you bought, setting out your shares, that usually settles it.

If the home is in your partner's sole name

You start with nothing, and the burden is on you to prove you have a share. That usually means evidence that you both intended you to have an interest, such as what was said when you moved in and what you paid towards the purchase or the mortgage (UK Supreme Court). These claims can be difficult and expensive to bring.

Disputes like these are decided under the Trusts of Land and Appointment of Trustees Act 1996 (section 14), which is property law rather than family law. The court decides who owns what. It can't award maintenance, divide pensions or order lump sums to meet someone's needs (Ministry of Justice).

If you rent, your rights depend on whose name is on the tenancy. Our guide to separating when you're not married covers renting, savings, debts and the practical steps after a split.

Can I get maintenance from my ex if we weren't married?

Not for yourself. There's no right to maintenance between unmarried partners, however long you were together or however much you gave up for the family.

Children are different. Both parents must support their children whether or not they were married, through child maintenance agreed between you or worked out by the Child Maintenance Service. On top of that, a parent can apply to court under Schedule 1 to the Children Act 1989 for orders such as a lump sum, or a home settled for the children to live in until they're grown up (legislation.gov.uk). These orders are made for the children's benefit only, not the parent's (Ministry of Justice).

A mother automatically has parental responsibility. An unmarried father has it if he registered the birth jointly with the mother, or later gets it by agreement or a court order (GOV.UK). Arrangements for the children work the same way as for married parents: our guide to child arrangements applies whether or not you were married.

The law looks at whose name is on the deeds, the accounts and the pensions. How long you were together matters far less.

What happens if my partner dies without a will?

Under the intestacy rules, an unmarried partner inherits nothing automatically. Cohabitants are excluded from the list of relatives who inherit (Ministry of Justice).

If you lived together as a couple for at least two years immediately before the death, you can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable provision from the estate (section 1). For a cohabitant, that's limited to what you reasonably need for your maintenance, which is less than a surviving spouse can claim. You normally have to apply within six months of the grant of probate or letters of administration (section 4).

Other gaps to know about:

Pensions. Whether a pension pays anything to an unmarried partner depends on the scheme's rules. Most schemes let you name who you'd like to benefit using an expression of wish form, but the provider usually has the final say, and some workplace schemes don't recognise cohabiting partners (MoneyHelper).
Inheritance Tax. The exemption for passing on a home or estate applies to a husband, wife or civil partner (GOV.UK). An unmarried partner doesn't get it.
Bereavement Support Payment. A partner you lived with as if married can claim, but only if you were getting Child Benefit for a child living with you or were pregnant when they died (GOV.UK).

How can unmarried couples protect themselves?

Most of the gaps can be closed with paperwork you can do now:

A declaration of trust when you buy a home, setting out who owns what share. It can also be made later.
A living together agreement (also called a cohabitation agreement) covering the home, savings, debts, bills and what happens if you separate. Advicenow says it's only binding if made as a deed, though a court can still follow a fair agreement where you were both honest about your finances. Getting separate legal advice makes it more likely to be upheld (Advicenow).
Wills for both of you, so your partner isn't left relying on a court claim.
Pension nominations naming each other on every scheme, and a check of whether each scheme recognises unmarried partners.
Parental responsibility for an unmarried father who doesn't already have it.

If you're separating now and want to agree how to divide things, our guide to separation agreements explains what to put in writing. A family solicitor can advise on a property claim, and a mediator can help you reach agreement without court.

Is the law on cohabitation changing?

Possibly, but not yet. On 5 June 2026 the Ministry of Justice launched a consultation called A fairer end to relationships, which closed on 14 August 2026 (GOV.UK). Its proposals for cohabitants include:

a new set of rights when a couple separates, for couples who have lived together for at least three years or who share a child, and where a court is satisfied they were in an enduring family relationship
rights that would be narrower than those of married couples, which the government describes as "a distinct and different set of rights"
looking at whether cohabitants should inherit automatically when a partner dies without a will (Ministry of Justice)

At 20 October 2026, the government was still analysing responses and hadn't published its decision. Any change would need new legislation, which the government says will follow "when parliamentary time allows". Until then, the current law applies, and nothing in the proposals helps couples who separate today.

Is it different in Scotland?

Yes. Scotland used to recognise "marriage by cohabitation with habit and repute", but abolished it from 4 May 2006 (Family Law (Scotland) Act 2006, section 3). The same Act gives cohabitants some limited rights. A former cohabitant can ask the court for a payment to balance out economic advantage or disadvantage from the relationship, or towards the cost of caring for a child, but must apply within one year of separating (section 28). If a partner dies without a will, the survivor can apply within six months of the death (section 29). The Scottish Government consulted on reforming these rules between December 2025 and April 2026 (Scottish Government). If you live in Scotland, take advice from a Scottish solicitor quickly, because those time limits are short.

Not sure where you stand?

Tell us about your situation and we'll introduce you to two or three family solicitors or mediators who deal with separating couples who weren't married. The introduction is free, and they'll tell you their fees before you agree to anything.

Get matched

Common questions

Does common law marriage exist in the UK?

No. There's no common law marriage in England and Wales, however long you've lived together or whether you have children. Scotland abolished its old form of marriage by cohabitation in 2006, though Scottish law gives cohabitants some limited rights to claim if they separate or a partner dies without a will.

How long do you have to live together to have rights?

In England and Wales, no length of time gives you rights on separation. Two years matters if your partner dies, because it lets you claim maintenance from their estate. The government has proposed new rights for couples together three years or with a child, but no law has been passed.

Is a common law wife entitled to half the house?

Only if she owns half. If the home is in joint names, the starting point is equal shares unless there's evidence you intended otherwise. If it's in your partner's sole name, you'd have to prove you were meant to have a share, which is difficult.

Can I get maintenance from my ex-partner if we weren't married?

Not for yourself. You can get child maintenance for your children, and a parent can apply under Schedule 1 to the Children Act 1989 for orders such as a lump sum or housing for the children's benefit.

Does an unmarried partner inherit if there's no will?

No. Unmarried partners don't inherit under the intestacy rules. If you lived together for two years before the death, you can apply to court for reasonable provision for your maintenance, normally within six months of the grant of probate.

Sources

This guide is general information about the law, not legal or financial advice. Laws and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 20 October 2026.

The common law marriage myth