Separating when you're not married: cohabiting couples' rights

If you've lived with your partner for a long time, perhaps bought a house and raised children together, it can be a shock to find out how little the law does for you when you split up. Many people assume that after a few years together they have the same rights as a married couple. In England and Wales, they don't.

This guide explains where you stand today and what you can do to protect yourself. It's general information. If you have a home or children together, it's worth getting advice for your own situation.

3.5 millioncohabiting couple families in the UK in 2024, the fastest-growing family typeONS, 2024

£270court fee to apply for a child arrangements order or other Children Act applicationGOV.UK, July 2026

There's no such thing as common law marriage

"Common law husband" and "common law wife" are just everyday ways of describing a couple who live together. They have no legal meaning in England and Wales, however long you've been together (Citizens Advice).

In practice that means:

Neither of you has a legal duty to support the other financially after you split.
There's no automatic sharing of property, savings or pensions based on need or fairness.
You don't have "home rights" in the way a married person does.
If your partner dies without a will, you won't automatically inherit.

You don't need to go to court to end the relationship itself. You simply separate. The legal questions are about what happens to your home, your money and your children.

What happens to the home?

For cohabiting couples, the home is dealt with mainly by property and trust law, not family law. What matters most is whose name is on the deeds or tenancy, and what you both intended.

If you own it jointly

Check how you own it. As joint tenants, you each own the whole property together and would normally split it equally. As tenants in common, you each own a defined share, which may be set out in a declaration of trust signed when you bought. Your conveyancing documents or the title register from HM Land Registry will show which applies.

If it's in your partner's sole name

You may still have a claim if you can show you were meant to have a share, for example because you paid towards the deposit or mortgage, or because you were told the home was "ours". These claims are made under the Trusts of Land and Trustees Act 1996, often called TOLATA. They can be complicated and expensive to bring, so get legal advice early.

If you rent

It depends on whose name is on the tenancy. If it's joint, you're both responsible for the rent until the tenancy ends or is changed. Talk to your landlord, and to Citizens Advice or Shelter if you're unsure.

If there's violence or you're afraid, you can apply to the court for an occupation order or a non-molestation order. There's no court fee for either (GOV.UK).

When unmarried couples split, the question isn't what's fair. It's who owns what, and what you can prove.

Money, savings and pensions

Money in your sole name generally stays yours, and money in your partner's name stays theirs. Joint accounts are usually treated as belonging to you both. Joint debts are a shared responsibility, and a lender can chase either of you for the full amount.

Pensions aren't shared between cohabiting couples on separation. If one of you gave up work or cut back hours to look after children, that can leave a big gap, and there's currently no legal route to make up for it through the other person's pension.

Check your pension nomination forms and life insurance too. You may want to change who would benefit if you died.

If you have children together

Children's rights don't depend on whether their parents were married. Both parents have a duty to support their children financially, and the court can decide arrangements for children of unmarried parents in the same way as for married ones.

Parental responsibility

Mothers have parental responsibility automatically. An unmarried father has it if he's named on the birth certificate after jointly registering the birth (for births registered in England and Wales from 1 December 2003). If not, he can get it by agreement with the mother or by applying to court (GOV.UK).

Child maintenance

You can agree maintenance between yourselves or use the Child Maintenance Service. It's free to apply, and payments arranged through Direct Pay are free. If the service collects and passes on payments for you, the paying parent is charged 20% on top and the receiving parent has 4% deducted (GOV.UK).

Housing and lump sums for children

Under Schedule 1 of the Children Act 1989, a parent can ask the court for financial provision for a child, which can include help with housing while the child is growing up. This is for the child's benefit, not the adult's, and property usually returns to the paying parent when the child grows up.

Our guide to how divorce works covers the married route, but the principles on children, such as trying mediation first, apply to you too.

Is the law changing?

Possibly. The Ministry of Justice ran a consultation called A fairer end to relationships from 5 June to 14 August 2026. It proposes a new set of financial rights for cohabiting couples when they separate, aimed at couples who have lived together for at least three years or who live together and share a child. The proposed scheme would be narrower than what's available on divorce. It also looks at inheritance rights for cohabitants when a partner dies without a will (GOV.UK).

For now, these are proposals only. The government is considering responses, and any change would need new legislation. If you're separating now, the current law applies.

What to do now

Find your paperwork: the title register, any declaration of trust, tenancy agreement and bank statements showing who paid what.
Don't move out or sign anything about the home until you understand your position.
Try to agree what you can, especially about the children. Mediation can help, and a £500 government voucher may be available where children are involved.
Get advice from a solicitor who deals with cohabitation disputes, particularly if the home is in one name only.
Update your will, pension nominations and life insurance.

If you're still together and reading this as a warning, a cohabitation agreement and a declaration of trust on your home are the simplest ways to protect you both.

Need advice on your home or children?

We can introduce you to vetted family solicitors and mediators who work with unmarried couples. It won't cost you anything.

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Common questions

Do cohabiting couples have rights when they split up?

Far fewer than married couples. There's no such thing as common law marriage in England and Wales. Property is usually divided according to who owns it, and there's no right to maintenance for yourself. Children have the same rights whether or not their parents were married.

Can I claim a share of the house if it's in my partner's name?

Possibly, if you can show you were meant to have a share, for example by contributing to the deposit or mortgage. These claims fall under trust law and can be complex, so get legal advice.

Does an unmarried father have parental responsibility?

Yes, if he jointly registered the birth and is named on the birth certificate, for births registered in England and Wales from 1 December 2003. Otherwise he can get it by agreement with the mother or through the court.

Is the law on cohabiting couples changing?

The government consulted on new rights for cohabiting couples in 2026, through a consultation called A fairer end to relationships. These are proposals only. Until any new law is passed, the current rules apply.

Sources

This guide is general information about separating in England and Wales, not legal advice. The law for cohabiting couples may change, so check the sources above and speak to a qualified professional about your situation. Facts checked 1 October 2026.

Separating when you're not married