Cohabiting? Here’s What You Need to Know About Your Rights
Cohabitation is becoming the norm for many couples in the UK. Many people now live together without being married or in a civil partnership, a number that continues to rise.
But while society has moved forward, the law hasn’t quite caught up. Many people wrongly believe that after living together for a number of years, they automatically gain the same legal rights as married couples. Unfortunately, this simply isn’t true, and failing to act can lead to serious financial difficulties if the unexpected happens.
The good news? There are practical, straightforward steps cohabiting couples can take to protect their future.
The Myth of Common-Law Marriage
One of the most common (and dangerous) misconceptions is the idea of “common-law marriage.” Many believe that living together for a long time gives them legal rights over their partner’s assets, especially when they have children. But under the law in England and Wales, common-law marriage doesn’t exist.
No matter how long you’ve been together or how much you’ve shared financially, unmarried couples don’t have the same protections as married couples or civil partners. This means that if one partner dies without a will, the surviving partner may not be entitled to inherit anything, even the home they live in.
This legal gap can leave partners and children in highly vulnerable situations, particularly in blended families.
Key Risks for Cohabiting Couples Without Wills
Property Ownership Disputes
If a home is legally in just one partner’s name, the other partner has no automatic rights, even if they’ve contributed to the mortgage, renovations, or bills. Sorting out who is entitled to what can become costly, stressful, and emotionally draining.
Inheritance Issues
Dying without a will (known as dying intestate) means your estate is distributed according to fixed legal rules, and unmarried partners are not included. Assets might go to distant relatives, leaving your partner with nothing.
How Cohabiting Couples Can Protect Themselves
While the risks are real, there are simple legal steps couples can take to safeguard their future:
Make a Will – This is the most important thing you can do. A will lets you decide exactly who should inherit your assets, ensuring your partner is looked after.
Set Up Lasting Powers of Attorney (LPA) – If one partner loses capacity, an LPA allows the other to manage finances or make medical decisions on their behalf. Without one, you may have no legal standing, even in an emergency.
Final Thoughts
Cohabiting couples often don’t realise the risks until it’s too late. But with the right legal documents in place, you can protect the life you’ve built together, and spare your loved ones unnecessary stress.
If you’re in a cohabiting relationship, or know someone who is, don’t leave things to chance.
Feel free to get in touch to discuss your options. I’d be happy to help.
07756 990624