Many couples who move in together later in life assume that, after a few years, they’ll have similar rights to a married couple. In England and Wales, that isn’t the case. There is no such thing as “common law marriage”. However long you live together, and whether or not you share children, cohabiting couples have far fewer automatic legal rights than married couples or civil partners, especially if they separate or one of them dies.
This guide explains, in general terms, how the law in England and Wales currently treats cohabiting couples: property and the home, what happens on separation, inheritance and wills, pensions, benefits and tax, and children. It also covers the government’s 2026 consultation on reforming cohabitation law. It’s general information, not legal or financial advice. A solicitor, a regulated financial adviser or your pension scheme can explain how the rules apply to you.
General information, not legal, financial, pensions or tax advice
This guide explains how things generally work in the UK so you know what to ask. It is not advice about your situation, and Hearts Again is not a law firm, financial adviser or healthcare provider. Rules differ between England, Wales, Scotland and Northern Ireland and can change. Before you make any decision, speak to a qualified professional:
- a solicitor, for example through the Law Society (England and Wales), the Law Society of Scotland or the Law Society of Northern Ireland, or Citizens Advice for free initial guidance
- a regulated financial adviser (check they are on the FCA Register), or MoneyHelper, the free government-backed money guidance service
- your pension scheme administrator, MoneyHelper pensions guidance (including Pension Wise for people aged 50+), or the Pension Service about the State Pension
- HMRC or a qualified tax adviser, such as a Chartered Tax Adviser
The short answer
- "Common law marriage" has no legal meaning in England and Wales. Cohabiting couples don't gain marriage-like rights by living together, however long they've been together.
- On separation, there is no general right to share each other's property, savings or pensions. Disputes over a home are usually decided by property and trust law, not family law.
- If a cohabiting partner dies without a will, the surviving partner doesn't automatically inherit under the intestacy rules. A claim may be possible under the Inheritance (Provision for Family and Dependants) Act 1975, but it isn't automatic.
- How you own your home (in one name, as joint tenants or as tenants in common) makes a big difference to what happens on separation or death.
- Pension survivor benefits for cohabitants depend on each scheme's rules, and some require a nomination form.
- The government consulted in 2026 on new rights for cohabitants on separation and death. These are proposals, not law.
- Scotland and Northern Ireland have different rules.
Why this matters more later in life
Cohabitation is increasingly common among people in their fifties, sixties and beyond. The Office for National Statistics found 3.5 million cohabiting-couple families in the UK in 2025, 17.6% of all families. Many later-life couples choose not to marry, for reasons such as:
- Not wanting to marry again after divorce or bereavement
- Wanting to keep finances and inheritance separate for their children
- Concern about the effect of remarriage on pensions or benefits
- Simply not seeing the need
These are all understandable choices. But later in life, couples often have more at stake: homes owned outright or with large equity, pensions, savings, and children and grandchildren from earlier relationships. That makes it especially important to understand how the law treats cohabitants. Our guide to whether to remarry, live together or live apart compares the options more broadly.
The myth of common law marriage
Surveys have repeatedly found that many people in England and Wales believe couples who live together for a number of years become “common law spouses” with similar rights to married couples. This is a myth. In law, cohabiting couples are treated largely as two separate individuals, whatever the length of the relationship.
There are some specific situations where cohabitants are treated differently from strangers, which we cover below. But there’s no general framework of rights like the one for married couples and civil partners.
Married vs cohabiting: a quick comparison
This table summarises, in very general terms, some of the main differences in England and Wales. Individual situations vary, and a solicitor can explain how the rules apply to you.
| Situation | Married couples and civil partners | Cohabiting couples |
|---|---|---|
| Sharing assets on separation | Courts can divide property, savings and pensions | No general right; property and trust law applies |
| Maintenance for a former partner | Possible | Not available |
| Inheritance without a will | Spouse usually inherits a large share | Partner inherits nothing automatically |
| Inheritance Act claim | Spouse can claim | Possible after two years’ cohabitation, or if maintained |
| Inheritance tax between partners | Usually exempt | No spouse exemption |
| Pension survivor benefits | Usually provided | Depends on scheme rules |
| Means-tested benefits | Assessed as a couple | Assessed as a couple |
The home
The home is often the most valuable asset, and the rules depend on how it’s owned.
If the home is in one partner’s name
If the home is owned by one partner alone, the other partner generally has no automatic right to a share of it, even after many years, and even if they’ve contributed to bills or improvements. In some cases, a partner may be able to argue that they have a beneficial interest, for example if there was a shared intention that they would have a share and they relied on it, or they contributed directly to the purchase price. These claims can be complex, costly and uncertain. They’re usually brought under the Trusts of Land and Appointment of Trustees Act 1996 (often called TOLATA) and decided by property and trust law.
If the home is jointly owned
If you own the home together, it’s usually held in one of two ways:
| Ownership | What it generally means |
|---|---|
| Joint tenants | You both own the whole property together. If one of you dies, the other usually becomes the sole owner automatically, whatever a will says. On separation, the starting point is often equal shares. |
| Tenants in common | You each own a defined share, which may be equal or unequal. If one of you dies, their share passes under their will or intestacy, not automatically to the other partner. |
Many later-life couples choose tenants in common so that each partner’s share can pass to their own children. Some also use a declaration of trust, a legal document setting out who owns what share and what happens if the property is sold. A solicitor can explain these options and how they’d apply to you.
If you rent
If you rent, your rights depend on whose name is on the tenancy and the type of tenancy. If only one partner is named, the other may have limited rights to stay if the relationship ends or the named tenant dies. Shelter and Citizens Advice explain renting rights in more detail.
Moving into a partner’s home
If you’re moving into a home your partner owns, or selling your own home to move in together, it’s worth understanding what would happen to your money if you separated or your partner died. Our guide to moving in or buying a home together after 50 covers the questions couples commonly discuss with solicitors.
If you separate
When married couples or civil partners divorce, courts can divide property, savings and pensions based on fairness and need. Cohabiting couples who separate don’t have access to that system. In general:
- Each partner keeps what they own in their own name.
- Jointly owned property is divided according to the legal ownership and any declaration of trust, or, if disputed, by a court under property and trust law.
- There’s no maintenance for a former cohabiting partner, however long the relationship and however unequal your finances.
- Pensions aren’t shared. Each partner keeps their own.
- Claims for children may be possible, as described below.
Some couples make a cohabitation agreement (sometimes called a living together agreement) setting out what they intend to happen to property and money if they separate. Courts may take such agreements into account, depending on the circumstances. A solicitor can explain how they work.
If one of you dies
Without a will
Under the intestacy rules in England and Wales, a surviving cohabiting partner doesn’t inherit anything automatically if their partner dies without a will. The estate passes to relatives such as children, parents or siblings, in an order set by law. This can leave a surviving partner in a very difficult position, especially if they lived in a home owned by their partner.
With a will
A will can leave property, money or a right to live in the home to a cohabiting partner. Later-life couples with children from previous relationships often think carefully about how to balance provision for a partner with inheritance for children. Our guide to protecting your children’s inheritance in a new relationship explains how solicitors commonly approach this. A solicitor can explain the options and draft a will.
Claims under the Inheritance Act
If a cohabiting partner isn’t provided for, they may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. Generally, a cohabitant can apply if they lived with the deceased as a couple for at least two years immediately before the death, or if they were being maintained by them. Claims are limited to reasonable provision for maintenance, they have strict time limits, and outcomes are uncertain. A solicitor specialising in inheritance disputes can explain whether a claim might apply.
Inheritance tax
Married couples and civil partners can usually pass assets to each other free of inheritance tax. That exemption doesn’t apply to cohabiting partners, so gifts and inheritances between cohabitants may be subject to inheritance tax, depending on the size of the estate and other allowances. HMRC publishes guidance, and a solicitor, accountant or financial adviser can explain how it might apply.
Pensions
State Pension
Cohabiting partners can’t inherit or increase their State Pension based on a partner’s National Insurance record in the way that some married people could under older rules.
Workplace and personal pensions
Whether a cohabiting partner receives survivor benefits from a workplace or personal pension depends on the scheme’s rules. Some schemes pay a pension to a cohabiting partner who was financially interdependent with the member. Others pay lump sums at the trustees’ discretion, often guided by a nomination or “expression of wish” form. Some older public service schemes have specific rules for cohabitants. Your pension scheme can tell you what its rules are. Our guide to what happens to your pension if you remarry explains how remarriage and cohabitation can affect pensions from a previous relationship.
Benefits
Means-tested benefits, such as Universal Credit and Pension Credit, generally treat cohabiting couples in the same way as married couples, assessing their income and savings together. That can mean moving in together reduces or ends one partner’s entitlement. Some benefits linked to a late spouse, such as certain widows’ pensions from older schemes, may stop on cohabitation as well as remarriage.
Since February 2023, cohabiting partners with dependent children may be able to claim Bereavement Support Payment if their partner dies, following a change to the law. GOV.UK and Citizens Advice explain current eligibility. A benefits adviser, such as Citizens Advice, can check how moving in together would affect you.
Children
Cohabiting parents have parental responsibility for their children in most situations if both are named on the birth certificate (for births registered after 1 December 2003 in England and Wales). If parents separate, the child maintenance system applies in the same way as for married parents. In some cases, a parent may be able to apply under Schedule 1 of the Children Act 1989 for financial provision for a child, which can include housing. A family solicitor can explain how these rules work.
For many later-life couples, children are adults, and the main questions are about inheritance rather than maintenance.
The 2026 consultation on reform
Calls to reform cohabitation law in England and Wales have been made for many years, including by the Law Commission in 2007. In June 2026, the Ministry of Justice opened a consultation, “A fairer end to relationships”, which closed on 14 August 2026. It sought views on:
- A new statutory framework of rights for eligible cohabitants when they separate, narrower than the rules for divorce
- Modernising inheritance law so surviving cohabitants can access provision from a partner’s estate
- Wider changes to divorce and financial remedies, including qualifying nuptial agreements
These are proposals, not law. The consultation asked for views on key questions such as who would be eligible. Until any new law is passed and comes into force, the current rules described in this guide continue to apply. We’ll update this guide as the government responds.
Scotland and Northern Ireland
The law is different in other parts of the UK. Scotland has some statutory rights for cohabitants on separation and death under the Family Law (Scotland) Act 2006, with strict time limits for claims. Our guide to cohabitation rights in Scotland is in preparation. Northern Ireland has its own rules. A solicitor in the relevant jurisdiction can explain them.
Questions couples often discuss with a solicitor
If you’re living together or planning to, these are questions many later-life couples raise with a solicitor or financial adviser:
- How should we own the home, and do we need a declaration of trust?
- Should we have a cohabitation agreement?
- Do our wills reflect what we want for each other and for our children?
- Who are the beneficiaries on our pensions and life insurance, and have we completed nomination forms?
- How would moving in together affect our benefits or tax?
- What would happen if one of us needed care, and do we have lasting powers of attorney?
Writing your questions down before an appointment can make it more useful. The Law Society’s Find a Solicitor service and Resolution, an organisation of family law professionals, can help you find a solicitor. MoneyHelper can help you find a regulated financial adviser.
Talking about it as a couple
Money and legal arrangements can feel unromantic, and some people worry that raising them signals distrust. Many later-life couples find it helps to frame the conversation around protecting each other and their families. For example: “I want to make sure you’d be all right if something happened to me, and that the children know what to expect.” Our guide to money in later-life relationships has ideas for these conversations.
Frequently asked questions
Is there such a thing as common law marriage in England?
No. Cohabiting couples don’t gain the rights of married couples by living together, however long they’ve been together.
What happens to the house if we split up and it’s in my partner’s name?
Generally, the house stays with the owner unless the other partner can show a beneficial interest, for example through a shared intention or direct financial contribution. These claims can be complex. A solicitor can explain whether one might apply.
Will my partner inherit if I die without a will?
Under the intestacy rules in England and Wales, a cohabiting partner doesn’t inherit automatically. They may be able to make a claim under the Inheritance Act 1975, but it isn’t guaranteed.
Does living together affect my benefits?
Means-tested benefits usually assess cohabiting couples together, so moving in may reduce or end entitlement. Citizens Advice or another benefits adviser can check your situation.
Do cohabiting partners pay inheritance tax?
The spouse exemption doesn’t apply to cohabitants, so inheritance tax may apply depending on the estate. HMRC guidance and a professional adviser can explain how.
Is the law going to change?
The government consulted on reform in 2026. Any changes would need new legislation, and nothing has changed yet.
Related guides
- Cohabitation rights in Northern Ireland
- Dating after losing a partner you weren’t married to
- Long-distance relationships between England and Scotland
- Cohabitation rights in Scotland
- Should you remarry after 50? Marriage vs living together vs living apart
- Moving in or buying a home together after 50
- Protecting your children’s inheritance in a new relationship
- What happens to your pension if you remarry?
- Money in later-life relationships
- Prenups and second marriages in the UK
- Living apart together after 50
Sources
- Office for National Statistics, Families and households in the UK: 2025.
- Ministry of Justice, A fairer end to relationships consultation (June to August 2026), and The Gazette summary.
- Inheritance (Provision for Family and Dependants) Act 1975; Trusts of Land and Appointment of Trustees Act 1996; Children Act 1989, Schedule 1 (summarised).
- Law Commission, Cohabitation: The Financial Consequences of Relationship Breakdown (2007).
- GOV.UK, intestacy rules, inheritance tax and Bereavement Support Payment.
- Citizens Advice and Shelter, living together and renting rights.
- The Law Society and Resolution, finding a solicitor; MoneyHelper, finding a financial adviser.