Unmarried Couples

Q: What legal rights do unmarried couples have?

Unfortunately, there are no automatic rights for unmarried couples. To protect their house, finances, or assets, unmarried couples should put cohabitation agreements in place, which are legally enforceable in the event things break down.

Q: I’ve lived with my partner for many years, what are my rights?

The law currently states that an unmarried partner can’t automatically: Claim any asset that’s solely in the other person’s name Claim entitlement to any property, or their right to stay there Claim for maintenance for themselves (although they can claim for children). How long you have lived together sadly has no influence (the misconception that couples who’ve lived together for many years have entered a “common law marriage” is false).

We're widely recognised as one of the UK's leading family law teams. Working with you, our solicitors can advise you on your situation and take you through every step of the process.

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How can I protect myself if we’re not married?

If your relationship breaks down and you are unmarried, you won't have the same rights as married couples – but there are steps you can take to give yourself a bit more certainty and protection.

If you are unmarried and not on the deeds to the house, it can be difficult to make a claim on property when you separate.

We can help you work towards an agreement, using tools like:

A cohabitation agreement (ahead of time), clarifying who owns what, how bills will be divided, and maintenance payments for any children. These agreements can be legally binding and enforceable
A separation agreement (post-separation), setting out how you will split finances, assets, and childcare
If there’s a dispute as to ownership of property with your ex-partner, you might be able to make a Trusts of Land and Appointment of Trustees Act (TOLATA) claim. We can also defend you if your partner brings a TOLATA claim against you.

Speak to our expert

We have the largest private client team in the UK, our team of experts are here to provide discreet legal advice to support you and your family.

Clare Wiseman

Head of Family Law

Find out more

Meet our experts

Clare Wiseman

Head of Family Law

Find out more

Experts with a no-nonsense approach

We offer a wide range of services across our firm and can connect you with other teams that could be of help to you. These teams include:

Child arrangements – if you and your partner have children, our solicitors can help you with issues such as with which parent the children live, and how regularly they spend time with the other parent

Conveyancing & property – if you need help with selling your property, buying a new one, or remortgaging your home, our property solicitors can help

Wills – you may need to alter your Will after the ending of your relationship. Our specialist Wills team can give you tailored advice on this, or help you to create a Will from scratch if you haven’t already made one

Counselling – we understand that this can be an emotional time for you. Our in-house counsellor Vicky Lambert offers up to four free counselling sessions, where you can process your emotions. These sessions can be used at any point in the process, with the option of further paid sessions if you need them.

Frequently Asked Questions

What legal rights do unmarried couples have?

I’ve lived with my partner for many years, what are my rights?

The law currently states that an unmarried partner can’t automatically:

Claim any asset that’s solely in the other person’s name
Claim entitlement to any property, or their right to stay there
Claim for maintenance for themselves (although they can claim for children).

How long you have lived together sadly has no influence (the misconception that couples who’ve lived together for many years have entered a “common law marriage” is false).

I am unmarried but have children with my partner, what are my rights?

Married couples have equal parental responsibility over a child. This means they can both make decisions about their child’s living situation, education, religion, and medical treatment, as well as the right to take them out of the country.

Unmarried mothers automatically have parental responsibility for a child – but fathers may not, unless they’re named on the birth certificate. If you separate, you should try to decide between you where the child lives and how often they see the other parent. If this breaks down, you can go through a process of counselling, mediation, or in some cases seek a child arrangements order.

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