According to the latest data from the Office for National Statistics (ONS), cohabiting couple families continue to be one of the fastest-growing household types in the UK. In 2025, there were 3.5 million cohabiting couple families, accounting for 17.6% of all families in the UK, up from 3.2 million (17.0%) in 2015. The proportion of people aged 16 and over who are living together but are not married or in a civil partnership also increased from 11.9% in 2014 to 12.9% in 2024, rising from 5.5 million people to 6.5 million over the decade.
Source: ONS – Families and Households in the UK: 2025
With marriage rates declining and the “never married” trend continuing to rise, this blog explores common questions surrounding the legal rights of unmarried couples. Our family law team also looks at the importance of Cohabitation Agreements and other legal protections available to cohabiting partners.
The Myth of Common Law Marriage – Why Unmarried Couples Are Financially Vulnerable
In England and Wales, there is no such thing as ‘common law marriage’. Regardless of how long you have lived together, cohabiting couples have almost no automatic legal rights to each other’s property or finances. This can leave couples who are not married or in a civil partnership financially vulnerable in the event of death or separation.
When you live with someone you are not married to, if you separate and there is a dispute over property or assets, the law looks at legal ownership and financial contributions, not the length or nature of your relationship. Without clear documentation in place, the outcomes on separation can be deeply unfair and complex to resolve.
Cohabitation Rights Reform
Although the Government has promised to launch a consultation on cohabitation rights reform, addressing improved legal protections for cohabiting couples, there is currently no clear indication of when these changes may take effect or what new rights would be introduced.
Therefore, if you are planning to move in with your partner or buy property together, it is worth taking a moment to consider the legal protections that could safeguard you both if circumstances change, whether that means a relationship breakdown or, in the most difficult of situations, the death of one of you. You can also read our previous blog post on cohabitation and the importance of making a Will.
What Is a Cohabitation Agreement?
A Cohabitation Agreement is a legal contract covering your financial and domestic arrangements as a couple, not just the property itself. It can address bank accounts and savings, household expenses, debts, income arrangements, arrangements for children, financial support, personal possessions, pensions, pets, and what happens if you separate.
It creates a legal framework that would not otherwise exist for unmarried couples and can be tailored to your specific circumstances.
A Cohabitation Agreement is worth considering if:
- you are moving in together
- one of you has significantly more assets or income than the other
- either of you has children from a previous relationship
- if one partner is stepping back from work to care for children
You should also review current and future property ownership structures and ensure your interests are protected through a properly drafted Declaration of Trust.
A Declaration of Trust is particularly important where:
- you are contributing unequal deposits towards a property purchase
- family money has been gifted toward the purchase
- one person owns the property while the other is contributing financially
What Is a Declaration of Trust?
A Declaration of Trust (also called a Deed of Trust) is a legal document that records how a specific property is owned and what share of the property each person is entitled to. It can cover ownership percentages, how financial contributions (such as deposits or mortgage payments) are recognised, how the proceeds of any sale will be divided, and what happens to each person’s share if one of you dies.
When purchasing property jointly, you will also choose between two forms of ownership. As Joint Tenants, you both own the property jointly, and the surviving owner automatically inherits the other’s share on death, regardless of your Will. As Tenants in Common, you each hold a defined share and can leave that share to whoever you choose. Read our property team’s blog for more information on Joint Tenants vs Tenants in Common.
Most unmarried couples purchasing together are better served by the Tenants in Common arrangement, supported by a properly drafted Declaration of Trust.
Should Unmarried Couples Have Both of These Documents?
A Declaration of Trust specifically protects your property investment, whereas a Cohabitation Agreement covers everything else in your shared life. If you are buying a property together, it is sensible to consider both. If you are renting rather than buying, a Cohabitation Agreement alone should be sufficient to address your needs.
What Happens If You Separate Without Legal Protection?
Without a Declaration of Trust in place, disputes can arise over ownership shares, particularly where one partner has contributed significantly more financially. Without a Cohabitation Agreement, a partner who gave up a career to raise children could find themselves without any financial provision for themselves if the relationship ends, even though child maintenance may still be payable.
If your partner were to die without a Will and the property was in their sole name, you would not automatically inherit. You could, in the worst circumstances, face losing your home.
Legal Advice for Cohabiting and Unmarried Couples
O’Donnell Solicitors are ideally placed to advise you on cohabitation issues and your rights as a cohabitee. Our team of family law solicitors can advise you on Cohabitation Agreements and other preventive measures you can take to protect yourself should your relationship end. We can also assist if your relationship has broken down and you need advice on dividing property or making arrangements for children. Our private client team can also provide advice on broader legal protections, such as having a Will or Lasting Power of Attorney.
While it may feel premature or even unromantic to think about these matters when a relationship is going well, the right legal protections can provide real peace of mind for the future.
Family Law Solicitors
Our family law solicitors are accredited members of Resolution and are committed to the Resolution Code of Practice, promoting a constructive approach to family issues that considers the needs of the whole family. Whatever your circumstances, our team is here to guide you through the process with clarity, sensitivity, and practical advice. Get in touch with us today for a confidential discussion about your circumstances.