Last updated: October 2026
Written by Jess Knauf, Director of Client Strategy at Mediate UK. Reviewed by Belinda Atkins, Managing Director, Mediate UK. Written in accordance with our editorial standards.
Main points
- “Common law partner” is an everyday phrase for an unmarried couple who live together, and it gives you no legal status in England and Wales.
- Common law marriage does not exist here, however long you have lived together or whether you have children.
- When you separate, there is no spousal maintenance and no pension sharing, and the home is usually decided by who owns it and what you can prove you intended.
- If your partner dies without a will, you do not inherit automatically, though a partner of two years or more may be able to claim against the estate.
- The government consulted from 5 June to 14 August 2026 on new rights for couples who have lived together for three years or have a child, but no new law is in force yet.
- A cohabitation agreement, wills and a declaration of trust protect you now, and mediation can help you agree the house and the children if you are separating.
WHAT IS A COMMON LAW PARTNER IN THE UK?
A common law partner in the UK is someone you live with as a couple without being married or in a civil partnership. The law in England and Wales calls you cohabitants, and it does not give you the legal rights of a spouse, however long you live together. Your rights depend on whose name is on the property, any agreements you have made and, where you have children, the rules that apply to every parent.
Being a common law partner feels like being married to many couples who live together, especially after years together, a shared mortgage and children. Legally it is very different. This guide explains what the term means, what rights you have to the home, money and children if you separate or if one of you dies, what the 2026 reform plans would change, and the practical steps that protect you today. It covers England and Wales. If you are splitting up, our guide to a separation agreement explains how to record what you agree.
On this page
What is a common law partner in the UK?
A common law partner is a person you live with in a relationship without marrying or forming a civil partnership. It is a social label, not a legal one. In England and Wales the law calls you cohabitants or cohabitees, and there is no form, register or certificate that turns a common law partnership into a legal status. You can read the neutral definition on separation.wiki’s guide to separating when unmarried.
You will still see the phrase on forms. Car insurers, banks, employers and benefit claims often ask whether you live with a “partner”, and for those purposes living together as a couple usually counts. That is about how a company or the benefits system treats your household. It does not give you any family law rights against each other if the relationship ends.
Is common law marriage real in England and Wales?
No. Common law marriage is not recognised in England and Wales and has no legal standing. Living together for two, seven or twenty years does not make you married in law, and neither does having children, sharing a surname or buying a home together. The only ways to gain the rights of a married couple are to marry or to form a civil partnership.
The myth is stubborn. Many cohabiting couples believe that after a set number of years, often seven, they gain the same rights as husband and wife. They do not, and that belief is the reason so many people find themselves without protection when a relationship ends. Scotland has its own system, with some limited claims for cohabitants, so if you live there the rules in this guide will not all apply.
Common law partner vs civil partner vs spouse: what is the difference?
A civil partner and a spouse have the same legal rights as each other. Cohabiting couples who live together without marrying do not have the same rights as married couples, and have almost none of these protections. Civil partnership is a formal, registered relationship open to same-sex and opposite-sex couples, ended by dissolution, and it carries the same financial protections as marriage. The table sets out where you stand on the main questions.
| Question | Married or civil partners | Common law partners |
|---|---|---|
| Share of the home on separation | The court can divide all assets fairly, whoever owns them | Decided by legal ownership and what you can prove you intended |
| Maintenance for yourself | Can be claimed | No claim |
| Share of a partner’s pension | Pension sharing is available | No pension sharing |
| Inheritance with no will | Inherit under the intestacy rules | Inherit nothing automatically |
| Child maintenance | Payable for the children | Payable for the children, exactly the same |
| Ending the relationship | Divorce or dissolution through the court | No legal process; you simply separate |
What rights does a common law partner have when you separate?
When an unmarried couple separates, there is no court process that shares out everything fairly. Each of you keeps what is legally yours, the home is decided under property and trust law, and the children are dealt with under the same rules as for married parents. If you agree the arrangements between you, a written separation agreement can record what you have decided.
Who gets the house?
The starting point is legal ownership, meaning whose name is on the title deeds. If the home is in joint names, you both own it, either equally as joint tenants or in set shares as tenants in common. If it is in one partner’s name only, the other partner has no share unless they can show you both intended them to have one, for example from what was said or agreed and from payments towards the deposit or mortgage. Paying bills or rent on its own is rarely enough. Our guide to property rights for unmarried couples explains how this works in practice.
If you cannot agree, either of you can apply to court under the Trusts of Land and Appointment of Trustees Act 1996, known as TOLATA. The court decides who owns what share and can order a sale. These cases turn on evidence and can be slow and expensive, which is why many couples try mediation first. You can read more in our guide to understanding TOLATA claims.
Can I claim maintenance or part of my partner’s pension?
No. A common law partner cannot claim maintenance for themselves and cannot ask the court to share the other partner’s pension, however long the relationship lasted or however much one of you gave up to care for the children. These claims belong to married couples and civil partners. Child maintenance is different: a parent who does not live with the children pays it whether or not you were married.
What rights do unmarried parents have?
A birth mother always has parental responsibility. An unmarried father has it if he is named on the birth certificate for a birth registered on or after 1 December 2003, or if he signs a parental responsibility agreement with the mother or obtains a court order. Our guide to parental responsibility and your rights covers this in more detail.
Arrangements for where the children live and how they spend time with each parent are decided the same way for married and unmarried parents, with the children’s welfare first. There is one extra route for unmarried parents: a Schedule 1 application can ask the court for financial provision for a child, which may include a home for the child to live in until they grow up.
What if I do not feel safe?
If you are frightened of your partner, you have the same protection as a married person. The National Domestic Abuse Helpline is free and open 24 hours a day, and in an emergency you should call 999. You can apply for a non-molestation order or an occupation order on Form FL401, and there is no court fee to apply, though you may pay for legal help, which legal aid may cover. Mediation may not be suitable where there has been abuse, and every person is screened privately before anything is arranged.
What happens if a common law partner dies without a will?
If your partner dies without a will, as the surviving partner you have no automatic right to inherit anything. Under the intestacy rules their estate passes to relatives such as children, parents or siblings. The exceptions are property you own as joint tenants, which passes to you automatically, and any pension or life policy where your partner named you as the person to benefit.
If you lived together as a couple for the whole of the two years before your partner died, as a cohabiting partner you can ask the court for reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. A cohabitant’s claim is limited to what you reasonably need for your maintenance, and these claims have strict time limits, so take legal advice quickly. Unmarried partners also miss the inheritance tax exemption that applies between spouses and civil partners.
Is the law changing for unmarried couples in 2026?
Changes are proposed but none are law yet. The Ministry of Justice consultation “A fairer end to relationships” ran from 5 June to 14 August 2026. It proposed a new set of financial protections for cohabitants who have lived together for at least three years or have a child together, narrower than those available on divorce.
The consultation also proposed inheritance rights for a cohabitant whose partner dies without a will, and binding pre-nuptial and post-nuptial agreements for married couples. As of October 2026 the government is analysing the responses and has said reforms will follow when parliamentary time allows. Until a new law is passed and in force, the rules in this guide still apply, so do not wait for reform to protect yourself.
How can common law partners protect themselves?
Unmarried couples can protect themselves now with a few documents and checks. Most of them are straightforward to put in place while you are getting on well, and they are far harder to arrange once a relationship is in trouble.
- A cohabitation agreement, setting out who owns what, who pays for what and what happens to the home if you separate. Our guide to cohabitation agreements explains what to include.
- A declaration of trust, recording your shares in a property when you buy it, especially where you put in different amounts.
- A will each, because without one your partner inherits nothing automatically.
- Pension and life insurance nominations naming your partner, checked every few years.
- Parental responsibility for both parents, through the birth certificate, an agreement or a court order.
Separating and unsure where you stand?
A short call with our team can help you work out the next step for the home and the children.
What should you do if you are separating now?
Start by gathering the facts, then try to agree the home and the children before anyone goes to court. Find the title deeds or the Land Registry entry, any declaration of trust, mortgage statements and records of who paid the deposit. Then talk through the options, with early legal advice from family law solicitors if you need it.
Family mediation works for unmarried couples in the same way as for married ones. A mediator helps you both agree what happens to the property and how the children will spend their time with each of you, and the result can be written up and made binding with legal help. You usually need to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court about the children, unless an exemption applies. A TOLATA claim about the home goes to the civil courts, where judges also expect you to have tried to settle things first, for example through mediation. You can book a MIAM online for £115 + VAT per person (prices as of October 2026).
Mediate UK was founded in 2011, holds a Legal Aid Agency contract for family mediation and has 715+ 5-star reviews. You may be eligible for free mediation through legal aid if you qualify, and you can check your legal aid eligibility in a few minutes.
“We see a lot of couples who have been together for years, bought a home together, and raised children together, and are genuinely shocked to discover how little legal protection they have when things go wrong. The law in England and Wales has simply not caught up with the way people actually live. Taking some straightforward steps while a relationship is healthy can make an enormous difference down the line.”
Jess Knauf, Director of Client Strategy, Mediate UK
Real-world example: sorting the family home without going to court
Sarah and Mark had lived together for nine years and had two children. Their home was in joint names, but Mark had contributed significantly more to the deposit. When they separated, both were worried about how the property would be divided and what would happen to the children’s schooling. Through mediation at Mediate UK, they agreed that Sarah would stay in the family home until the youngest child finished primary school, when the property would be sold and the equity divided in proportions that reflected their original contributions, a split they both felt was fair. They also agreed a detailed child arrangements plan, without any court application. Names changed for privacy.
Family Law Service
TOLATA support for unmarried couples, £250 inc VAT
If you and your former partner disagree about the home, our sister company Family Law Service can help you work out who legally owns what, gather evidence of contributions and send an initial letter to the other party, with a telephone consultation. Price as of October 2026.
Where to start
If you live together and are not married, put a cohabitation agreement, wills and a declaration of trust in place now. If you are already separating, gather your property papers and talk to a mediator about the home and the children before either of you applies to court.
Frequently asked questions
How long do you have to live together to be a common law partner?
There is no set period. Living together for any length of time does not give you the rights of a married couple in England and Wales. Some laws use their own time limits, such as the two years needed for a cohabitant to claim against a partner’s estate.
Can my common law partner take half my house?
Not automatically. If the house is in your sole name, your partner only has a share if they can prove you both intended them to have one, usually through what was agreed and payments towards buying it. If it is in joint names, you both own it in the shares set when you bought it.
Is a common law wife entitled to anything?
A common law wife or husband has no claim for maintenance or a share of their partner’s pension. They keep what they legally own, can claim a share of property they can prove they were meant to have, and can claim child maintenance for the children.
Do unmarried partners inherit if one dies without a will?
No. A surviving partner inherits nothing under the intestacy rules. Property held as joint tenants passes to them, and a partner who lived with the person for the two years before death can ask the court for reasonable provision from the estate.
What are the new rules for unmarried couples in 2026?
There are no new rules in force yet. The government consulted from 5 June to 14 August 2026 on rights for cohabitants who have lived together for three years or have a child. A new law would need to pass through Parliament before anything changes.
Can unmarried couples use mediation?
Yes. Mediation helps unmarried couples agree what happens to the home and the children, and it is usually less stressful, quicker and less expensive than going to court. You usually need a MIAM before applying to court about children, unless an exemption applies, and the civil courts expect you to try to settle a property dispute before a TOLATA claim.
You might also find helpful
| Cohabitation agreements explainedRead the guide | Property rights for unmarried couplesRead the guide |
| TOLATA claims and mediationRead the guide | The guide to child arrangementsRead the guide |
Ready to take the next step?
Whether you need to agree the home, the children or both, our family mediation service can help you both reach an agreement without going to court. Book online or start with a free call.
Our Legal Partnerships
Mediate UK works closely with trusted legal professionals to make sure your agreements are legally sound. Our partners include DFA Law LLP (agreements managed by SRA-regulated solicitor Rachel Adams, SRA 452750), independent barristers at St Ives Chambers (including Charmian Jackson, registered with the Bar Standards Board), and The Family Law Consultant (managed by SRA-regulated solicitor Rhiannon Compton, SRA 600560). These legal professionals support our clients with consent orders, independent advice, and final barrister reviews.
This page is not legal advice and each situation can vary considerably. We do offer fixed fee legal advice which can be tailored to your individual situation.
