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Picture this: you’ve been living with your partner for years, sharing a home, bills, and maybe even raising kids together. You’ve heard the phrase “common law marriage” thrown around and assumed it means you’re legally protected, like a married couple. Here’s the harsh truth: in the UK, common law marriage doesn’t exist
A 2019 survey found that over 50% of people believe this myth, but the law sees you and your partner as separate individuals, no matter how long you’ve been together. This misunderstanding can leave you vulnerable when life takes an unexpected turn, whether it’s a breakup, a death, or a medical emergency. In this post, we’ll unravel the reality, explore your rights as an unmarried couple, and show you how to protect yourself. Let’s dive in.
Home and Property Rights
When it comes to your home, the legal divide between marriage and cohabitation is stark—and it’s where the myth of common law marriage hits hardest.
Do Both Partners Have a Right to Stay in the Home?
- Married Couples: Both spouses have “home rights,” meaning they can stay in the family home, even if it’s only in one name.
- Cohabiting Couples: It’s all about ownership. If your name isn’t on the deed or mortgage, you have no automatic right to stay. For example, imagine Lisa and Mark, together for 20 years. The house is in Mark’s name. If they split, Lisa could be left with nothing, even if she paid half the bills.
What Are “Home Rights” and How Do They Work?
“Home rights” are a legal safeguard for married couples, ensuring neither spouse can be evicted without court approval. Cohabiting couples don’t get this protection—your right to stay depends solely on legal ownership, not your relationship.
Registering Your Rights: Land Registry vs. Land Charges
- Married Couples: Spouses can register home rights with the Land Registry to prevent the home from being sold without their consent.
- Cohabiting Couples: No such option exists. However, you can protect your interests with a cohabitation agreement or by proving financial contributions (e.g., mortgage payments) to claim a “beneficial interest” under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). These steps aren’t automatic—you’ll need to act proactively.
What Happens to the Property During Divorce or Separation?
- Divorce: Courts can redistribute property fairly, regardless of whose name is on the title.
- Separation (Cohabiting): It’s strictly about legal ownership. If your name isn’t on the deed, you’re out of luck unless you can prove contributions in court—a costly and uncertain process.
Money, Property, and Possessions
Finances get tricky without the legal umbrella of marriage. Here’s how ownership shakes out.
Who Owns What in a Relationship?
- Married Couples: Assets acquired during marriage are often seen as joint, with courts aiming for fairness on divorce.
- Cohabiting Couples: It’s every person for themselves. If you bought it, it’s yours. Jointly owned items—like a TV—are trickier, but there’s no automatic sharing.
Housekeeping Money and Joint Accounts
- Joint Accounts: Money here is usually split 50/50 on separation, unless proven otherwise.
- Housekeeping Cash: If you gave your partner money for bills, it’s typically seen as a gift, not a property investment. Proving otherwise is a legal uphill battle.
Gifts, Inheritance, and Pre-owned Property
- Married Couples: Gifts or inheritances might be pooled in divorce proceedings, and spouses inherit tax-free.
- Cohabiting Couples: These stay with the individual. Without a will, your partner gets nothing if you die—family could swoop in instead.
Children and Parental Responsibility
Kids shift the focus to their welfare, but your relationship status still matters.
How the Law Protects Children in Both Unions
- Parental Responsibility: Married parents both have it automatically. Unmarried fathers only get it if named on the birth certificate (post-2003) or through legal action.
- Child Support: Applies to both, but it’s about the child, not the partner.
Property Transfers for the Benefit of Children
Courts can order property or funds for a child’s benefit (e.g., housing until they’re 18) under the Children Act 1989. For cohabiting couples, this is temporary and reverts to the owner, unlike the broader options in divorce.
Next of Kin and Medical Decisions
In emergencies, marriage offers a clear advantage.
Who Can Be Your Next of Kin?
- Married Couples: Your spouse is automatically next of kin.
- Cohabiting Couples: It’s not automatic. Without formal steps, hospitals might consult blood relatives over your partner.
Medical Consent and Emergency Decisions
Unmarried partners can’t make medical decisions for you unless named in a Health Relationships Lasting Power of Attorney (LPA). Without it, your wishes—and your partner’s—could be ignored.
Legal Aid and Access to Justice
Legal support depends on how your income is assessed.
When Is Your Partner’s Income Counted?
- Married Couples: Combined income might disqualify you from legal aid.
- Cohabiting Couples: You’re assessed separately, potentially making aid more accessible.
Pensions and Long-Term Financial Benefits
Pensions highlight another gap.
Occupational and Personal Pension Rules
- Married Couples: Many schemes provide automatic survivor benefits.
- Cohabiting Couples: Your partner gets nothing unless explicitly named via an “Expression of Wishes” form.
Expression of Wishes for Unmarried Couples
Check your pension policy and nominate your partner—it’s a simple step with a huge impact.
Taxes and Welfare Benefits
The taxman sees you differently based on your status.
Income Tax Allowances for Married vs. Unmarried Couples
- Married Couples: Transferable allowances save money; inheritance is tax-free.
- Cohabiting Couples: No transfers, and inheritance tax could hit 40% over the threshold.
Welfare Benefits and How Couples Are Assessed
For benefits like Universal Credit, cohabiting couples are assessed as a unit, like married couples, but without the legal perks.
Sexual Relations and Legal Validity
A quick note: consent laws apply equally, but only marriage has legal quirks like annulment for non-consummation. Cohabitation carries no such strings.
Student Loans and Financial Support
Even education feels the divide.
How Your Partner Affects Your Loan Eligibility
- Married Students: Spouse’s income counts toward loan calculations.
- Cohabiting Students: Partner’s income doesn’t, potentially boosting your aid.
Giving Evidence in Court
Courtroom rules favor marriage.
Can You Be Forced to Testify Against Your Partner?
- Married Couples: Spousal privilege protects you in criminal cases.
- Cohabiting Couples: No such shield—you can be compelled to testify.
Key Legal Differences at a Glance
| Aspect | Married Couples | Cohabiting Couples |
| Property Rights | Must be named in the will | Depends on ownership |
| Financial Support | Spousal maintenance possible | No automatic support |
| Inheritance | Automatic if no will | Must be named in the policy |
| Parental Responsibility | Both parents automatically | Mother only; father needs action |
| Pensions | Survivor benefits standard | Must be named in policy |
| Taxes | Transferable allowances | Automatic rights to the family home |
Final Thoughts: Take Control of Your Future
The common law marriage myth is a trap too many fall into. But you’re not powerless. A cohabitation agreement, a will, or a quick pension check can secure your future. Don’t wait for a crisis—talk to a legal expert today. At Promesse UK, we’re here to help you navigate this with clarity and confidence.
FAQs
Is common law marriage recognized in the UK?
No, it’s a myth. Living together doesn’t grant marriage-like rights.
What rights do cohabiting couples have?
Few by default—rights depend on ownership and contributions, not relationship length.
How can unmarried couples protect themselves?
Use a cohabitation agreement, joint ownership, or a will to lock in your intentions.
What happens to the property if we split?
It follows ownership. No name on the deed? You’ll need to prove your stake in court.
