Cohabitation Reform and Common Law Marriages.

With potential cohabitation reforms on the horizon, find out what cohabitation really means, why ‘common law marriage’ is a myth, and how to protect yourself.

Cohabitation Reform in the Spotlight

Cohabitation and cohabitation reform has been under the spotlight once again – and this time, the conversation is gaining real momentum. On 10 November 2025, amidst a warning that millions remain exposed to financial hardship simply because they are not married or in a civil partnership, peers in the House of Lords raised concerns about the lack of legal protection for unmarried couples and debated the direction of future reform. This follows the Labour Government’s manifesto pledge to review cohabitation and family law, with a full consultation expected in 2026.

For the millions of cohabiting couples in England and Wales, these developments matter. The law in this area affects everything from property rights, to inheritance, to what happens if the relationship ends. Yet despite cohabitation being the fastest-growing family type and countless couples under the false impression they have a ‘common law marriage’, the legal framework has barely changed for decades, and the consequences of misunderstanding and inaction can be severe.

As politicians begin to recognise the scale of the problem, reform finally feels within reach. But until the law changes, cohabiting couples are still navigating a system that offers very little automatic protection. Understanding your rights now – and taking steps to protect yourself – has never been more important.

The Myth of the ‘Common Law Marriage’

Despite years of public awareness campaigns, the belief in a so-called “common law marriage” remains widespread. Surveys consistently show that around 46% of people still think that living together for a certain number of years gives unmarried partners the same rights as a married couple.

For clarity, it doesn’t, and the consequences of this misunderstanding can be devastating.

Contrary to marriage where there can be financial and legal benefits, In England and Wales, cohabiting couples have no automatic legal status. This means that if the relationship ends, or if one partner dies without a will, the other has no guaranteed rights over the home, savings, pension, or estate, regardless of how long they lived together or whether they have children. Any financial claims must be brought under complex areas of law such as trusts, TOLATA, or the Inheritance (Provision for Family and Dependants) Act 1975, none of which offer the broad protections available to those married or with a civil partnership.

This is exactly why the issue is being debated in the House of Lords, and a consultation on cohabitation reform has been scheduled by the government: millions of people are building families, buying homes, and raising children while unknowingly relying on rights that simply do not exist. Until the law is reformed, understanding the limits of cohabitation and planning around them is essential.

The Legal Reality for Unmarried Couples: A Patchwork, not a Safety Net

One of the most surprising things for clients to hear is that cohabitation isn’t governed by a single body of law. Instead, it sits across a patchwork of different legal areas, each dealing with a small slice of life but none offering the comprehensive protection people imagine exists. This makes the position of cohabiting partners uniquely precarious.

Property and the Family Home: Ownership Rules Trump Relationship Length

If a cohabiting couple separates, the starting point is simple: legal ownership usually decides everything.

It doesn’t matter if you’ve lived together for 20 years or raised children together – if the home is in one partner’s name, the other has no automatic claim to it.

Any dispute must be brought under trust law (typically via a TOLATA claim), which requires evidence of intention, contributions, or assurances. These cases are often complex, emotionally charged, and expensive. Everyday contributions to family life – childcare, running the home, caring for ageing parents – do not create rights unless they can be tied to a specific financial arrangement.

Separation: No Right to Maintenance or a Share of Assets

When married couples divorce, the court can redistribute assets and award maintenance to achieve fairness.

For unmarried partners, none of this applies. There is no claim for personal financial support, no pension sharing, no adjustment of assets, no “fair division” of anything owned in one partner’s name. Once the relationship ends, so do financial obligations.

Children: Support Exists, But Only for the Child

Where children are involved, cohabitants can use the Child Maintenance Service or apply under Schedule 1 of the Children Act 1989.

But these provisions are focused on the child’s needs – housing, education, maintenance, etc. – not necessarily the parent’s.

A parent may obtain funds to house the child, but not for their own long-term security.

Death: No Automatic Inheritance Without a Will

Perhaps the most devastating gap is in inheritance. A cohabiting partner who dies without a will leaves their surviving partner with nothing automatically.

Any claim must be brought under the Inheritance (Provision for Family and Dependants) Act 1975, and even then, only for reasonable maintenance, not the broad protection a spouse receives.

Benefits, pensions, and other areas: Fragmented and inconsistent

In some areas – such as domestic abuse protections, basic housing rights, and some pension schemes – cohabitants do have access to similar provisions as married couples.

But these protections are piecemeal. They don’t create a coherent safety net, and they often depend on the discretion of third parties (such as pension trustees).

A single relationship; a dozen different legal rules

The result is a system in which cohabitants can build a life together, raise children, buy a home, care for elderly relatives, yet still have virtually no default rights in each other’s property or finances.

This legal patchwork is precisely why Parliament is once again asking whether the law reflects modern family life – and why so many couples are caught out when the unexpected happens.

Why is this Issue Back on the Political Agenda?

After years of slow progress, cohabitation law and reform has returned to the centre of political discussion. During a House of Lords debate on 10 November 2025, several peers highlighted the growing gap between the way people actually live and the way the law treats their relationships. Many of the speeches were blunt: millions of people are building homes and families together with almost no legal protection if things go wrong.

The debate followed the Labour Government’s pledge, made during the 2024 election campaign, to review the rights of cohabiting couples. For the first time in more than a decade, there is a clear commitment to look again at the recommendations first set out by the Law Commission in 2007. A public consultation is expected in 2026, and ministers have signalled that reform is overdue.

What this means in practice is that change finally feels possible. Cohabitation is now the fastest growing family type in England and Wales, yet the law has barely shifted in decades. Politicians are beginning to acknowledge that the current system leaves far too many people exposed, and that the idea of “common law marriage” has allowed a dangerous misconc

eption to thrive. Whether this leads to a full statutory scheme or more limited reform remains to be seen, but momentum is building in a way we have not seen before.

What Cohabitation Reform Might Look Like

Although the details are still uncertain, the government’s 2026 consultation is expected to revisit the Law Commission’s earlier proposals for limited financial rights for cohabiting partners, particularly where there are children or clear contributions to the relationship. Some peers have also pushed for stronger inheritance rights, reflecting the reality that many families now rely on long-term cohabitation.

Any reform is likely to take time and may be more modest than people hope, so it remains important for couples to protect themselves under the current law rather than waiting to see what Parliament eventually decides. There is also no guarantee that a consultation will result in real, meaningful change.

How Britton and Time Can Help 

Living together is a major commitment, but the law doesn’t always reflect the reality of modern relationships. Until reform arrives, the best protection for cohabiting couples comes from clear planning and good advice. At Britton and Time, we help clients put the right arrangements in place, whether that’s a cohabitation agreement, a declaration of trust, or a will that ensures your partner is provided for if something happens to you.

Every couple’s situation is different, and the right approach depends on your home, your finances, and your plans for the future. If you’re living with a partner or thinking about moving in together, we can guide you through your options and help you make informed decisions.

If you’d like clarity about your rights as a cohabiting partner – or want to take sensible steps to protect your position – get in touch with our family law team today on 0203 007 5500.