Understanding Cohabitation Rights
Explore your legal options and rights in cohabitation situations.
Understanding Cohabitation
Navigating legal rights and property claims for unmarried partners.
There is no such thing as a “common law” husband or wife in England and Wales. It’s a myth with no legal standing. If you live with a partner without marrying or entering into a civil partnership, your rights are more limited—but you may still have important claims depending on your circumstances.
Property and Homes
If you live in a property owned by your partner, you may still have a claim if you can show a beneficial interest under Trust of Land legislation. This could allow you to:
Prove your share in the property, even if your name isn’t on the title.
Seek a sale or buy-out so you can realise your share.
If the home is jointly owned, your partner cannot exclude you from the property. If disputes arise, legal or court action may be needed to resolve ownership or sale.
If You Have Children Together
Parents who live together but are unmarried or not in a civil partnership can still make financial claims on behalf of their children. These can include:
Child maintenance (usually dealt with by the Child Maintenance Service).
Housing support to ensure children are properly accommodated.
Contributions for essentials such as a car, furniture, or school fees.
However, these claims are strictly for the benefit of the children—not for the parent themselves. You cannot claim rights to property ownership, pensions, or long-term financial support in your own name unless agreed.
If You Don’t Have Children
Without children, your claims are limited to property disputes. Unless you can prove financial contributions or an agreement that gives you rights, you do not automatically gain entitlements simply by cohabiting.
Costs and Timing
Negotiated settlements usually involve evidence exchange and correspondence, costing from £5,000–£7,500 + VAT.
Court cases vary significantly in cost depending on complexity and claims involved.
We provide clear guidance on likely costs and funding options, including litigation loans, card payments, and bank transfers.
Frequently Asked Questions
We lived as “common law” partners—do I have rights?
No. “Common law marriage” has no legal recognition. Unless married or in a civil partnership, you don’t have automatic financial claims against each other.
My partner kicked me out of our home—what can I do?
If the home is jointly owned, you retain rights to live there.
If the property is in your partner’s sole name, your rights depend on whether you can prove a beneficial interest.
If safety is an issue, you may also need protective orders such as a non-molestation order.
My ex won’t contribute to our children’s expenses—what now?
Apply to the Child Maintenance Service (CMS), which will calculate, collect, and enforce payments.
I used my inheritance to pay off my ex’s mortgage but I’m not on the deeds—what are my options?
You may be able to claim a beneficial interest in the property or pursue repayment through the civil courts. However, if it was a clear gift, you cannot reclaim it.
We jointly own a property but my ex refuses to sell—what can I do?
You may need to apply to the court for an order for sale or for one partner to buy out the other. Exceptions can apply where housing is needed for children.
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Cohabitation – Your Rights When Living Together
