I’m a family lawyer, what do couples need to know about living together?

The decision to live together is a substantial step forward in modern relationships. But without common law marriage rights, what are the legal implications when an unmarried couple decide to move in together for the first time?

In guidance provided by Andrew Ormrod, senior associate family solicitor at Slater and Gordon, he provides legal expertise on the rights unmarried couples have when they decide to set up home with each other. He also discusses the changes anticipated from the Government’s cohabitation reform, with a consultation formally launched on 5 June 2026.

“Before making this significant step in their relationship, new cohabitating couples should understand what they are actually committing to and the implications should any challenges arise.”

Currently in the UK, there are around 3.5 million families cohabitating, representing 18% of total UK families. Each year this number rises, as fewer couples choose to marry before living together. Despite this shift, cohabitating couples do not have access to the same legal rights as those who are married; leaving couples financially and legally exposed.

As Andrew explains: “Cohabitating couples do not have the same legal status as those who are married. Those living together are legally treated as two separate persons, even if the couple share children. They do not enjoy the same rights afforded to those who are married or in a civil partnership.

“Without this knowledge or understanding, it can come as a shock to discover there are certain rights that are only exclusive to marriage when certain life events happen, such as separating when a relationship ends, or following the death of a partner.”

When cohabitating couples separate, there are no automatic rights to a partner’s savings, pension, income or other financial assets.

Property rights are also limited and are dependent on ownership or strict property law principles and establishing a ‘Trust’. Under joint ownership, both individuals have rights to the property. However, if one person solely owns the home, the non-owner will have to demonstrate a beneficial interest through financial contributions to the property and their conduct toward the property. The burden is on them to prove they have an interest in the property.

Risks are even more heightened following the death of a partner, as cohabiting partners are not automatically entitled to inherit from one another. Instead, any assets, such as property, pension or finances will be passed to their children, parents or other next of kin. Similarly, partners have no automatic authority to make medical decisions if one becomes incapacitated.

Andrew says: “There is an assumption for many cohabitating couples that they are protected, when this is frankly not the case. There are very few rights and these are usually based on the title to property. While some protections can be put in place, this requires the couple to be proactive and think about their future should it take a different path.”

Before moving in, cohabitating partners can consider:

• Creating a formal cohabitation agreement, to establish how finances, savings, property and other applicable assets may be distributed following separation
• Creating a will, to clarify how a person's assets will be divided in the event of their death
• Clarify property ownership through a declaration of trust to formalise financial contributions and what will happen in the event of a separation
• Consider life insurance for financial security.

However, cohabitation law is about to hopefully change for the better. In June 2026, the Government announced a new consultation regarding reform that will enable cohabitating couples' to acquire further rights without marriage. The new reform if adopted will mean couples can feel more secure and confident that they will be protected.

Eligibility criteria will be determined by the length of time a couple have cohabited, with three years thought likely, as well as if the couple share any children together.

Andrew adds: “Due to the myth of ‘common law marriage’ people assume that living together gives them similar rights to marriage, but it does not. Couples can spend years building a life together and still have no legal safety net if that relationship ends or their partner dies. The reality is very different and until the law changes, cohabiting partners remain extremely vulnerable.

“The law has not kept pace with how people form families today, but this consultation is a clear signal from government that the current system is outdated and, in some cases, deeply unfair.

“But it’s important to remember that for now the law remains unchanged and the biggest risk is assuming you’re protected. Until the law changes, couples must take proactive steps to protect themselves.”