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- 7th Oct 2026
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Mincoffs Solicitors on why unmarried couples aren’t as protected as they think
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If you live with your partner but aren’t married, your cohabiting couples’ rights are probably far thinner than you think.
So, we sat down with Rachel Smith, associate solicitor at Mincoffs Solicitors, Newcastle, to get the answers you actually need.
Fair warning: you might want to have a chat with your other half after reading this…
THERE’S NO SUCH THING AS A COMMON LAW MARRIAGE
Let’s start with the big one. “Currently, couples who cohabit have very limited legal rights, with no recognised legal status in England and Wales,” Rachel says.
It’s the myth she hears more than any other. “In England and Wales there is no such thing as a ‘common law marriage’, and the only way to obtain greater legal protections is by entering into a marriage or civil partnership or having a cohabitation agreement.”
And no, there’s no magic anniversary where things kick in. A long relationship might strengthen a claim, but “there is no statutory period where greater rights become accessible to cohabiting couples.”
20 years together doesn’t make you legally married.
WHOSE NAME IS ON THE DEEDS?
If the house is in your partner’s sole name, you’re not automatically shut out. “In specific circumstances, a non-owner may be able to establish a beneficial interest in the property, particularly if they have contributed to bill payments, mortgage payments and/or paid for significant renovations,” Rachel explains. Every case turns on its own facts, though, so it’s far from guaranteed.
Buying together? Talk openly about how you’ll own it. Joint Tenants share the property equally as one, while Tenants in Common each hold a distinct share. If you’ve put in different amounts, a Declaration of Trust records it, and “stays on your property register and accurately records an individual’s contribution.”
Renters face a starker picture. If the tenancy’s in one name, “the partner not named on the agreement may have no automatic right to stay if the relationship ends.” Rachel’s advice is to ask about getting added to the tenancy if you’re paying rent and bills.
And if you’re both on the mortgage, you both stay liable for every payment, even after one of you moves out.
SPLITTING UP? DON’T BANK ON MAINTENANCE
Here’s where many people get a nasty surprise. “Cohabiting couples have no rights to any maintenance or financial support from their ex-partner, as they would if they had been married,” Rachel says. Children may be entitled to support through the Child Maintenance Service, but that’s for them, not you.
Any claims you can bring tend to need detailed evidence of who paid what and what you both intended. “As a result, cases can be time-consuming and expensive if they proceed to court, sometimes taking many months or longer to resolve.”
Joint bank accounts usually start from an equal split. Cars, possessions and pets generally belong to whoever bought them.
Yes, even the dog.
WHEN THE WORST HAPPENS
This is the part that stings most. Without a will, the Intestacy Rules apply, and “couples who are not married or in a civil partnership are not entitled to inherit anything automatically.”
A surviving partner can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but you’ll need to have lived together for two years or more and show the deceased supported you financially. Success isn’t guaranteed.
Tax hurts too. Spouses pass assets to each other free of inheritance tax, but cohabitants pay 40% on anything above the £325,000 threshold. Pensions and death in service payouts depend on the scheme, so check your nomination forms, which Rachel says “should be kept up to date and reviewed regularly.”
THREE THINGS TO SORT THIS WEEK
Rachel’s to-do list is refreshingly simple. First, consider a cohabitation agreement. Properly drafted, freely signed and backed by independent legal advice, it “can carry significant weight and can be enforceable.”
Second, if you’ve got an unrecorded interest in a property, look at a Declaration of Trust. Third, make a valid will, update your pension and death in service nominations, and think about Lasting Powers of Attorney.
The cost? Usually a fraction of fighting it out after a break-up.
HOW TO RAISE IT WITHOUT A ROW
Worried it’ll sound like you don’t trust them? Rachel’s clients find it helps to focus on protecting each other. “A useful way to approach the conversation is to frame it as sensible financial planning, almost like taking out insurance if the worst was to happen.”
Planning to marry down the line? Review everything, because “any Will becomes void upon marriage,” and most cohabitation agreements do too unless they say otherwise.
It’s not unromantic, it’s looking after each other.
THE LAW COULD BE CHANGING
The government’s Fairer End to Relationships consultation ran from June to August 2026, aiming to give more than 3.5 million unmarried couples greater financial security when relationships end. It could be one of the biggest shake-ups in family law for decades, but there’s no confirmed date for a decision and no legislation’s expected before 2028.
Until then, the responsibility sits with you. To speak to the Mincoffs family team, email [email protected].
Mincoffs Solicitors LLP, 5 Osborne Terrace, Jesmond Newcastle upon Tyne NE2 1SQ
Rachael Ellis
Head of Content
After gaining a first in her BA Media and Journalism degree at Northumbria University, Rachael worked at Newcastle’s leading regional newspaper with her stories being picked up in national and global newspapers. She spent two very successful years giving a voice to those communities across the North East who otherwise…
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