Solicitors for Unmarried Couples

Laws for Unmarried Couples

Unlike married couples or those in a civil partnership, unmarried couples do not have the same automatic legal rights, regardless of how long you’ve been together.

The law treats unmarried partners very differently when it comes to property ownership, finance and inheritance. For example, one partner does not have a legal claim to the other’s assets or home unless their name is on the title, or they can prove a financial interest. Unmarried couples have no automatic rights to each other’s assets, pensions or estate, and there is no legal duty to provide financial support to a former partner.

At present there are no laws regulating what happens financially when an unmarried couple ends their relationship.  Contrary to popular belief there is no such thing as a common law spouse.  If couples own a property together their ownership of that property will almost certainly dictate what happens to that property when they separate.  If the property is not in joint names, it may be very difficult for the non-owning party to achieve any benefit from it.  There is no responsibility for cohabiting couples to provide financially for one another.

If you are planning to cohabit, we strongly advise that you take advice about entering into a cohabitation agreement which can establish an agreement between you in relation to your finances.  If you are planning to purchase a property together you should each take independent advice to ensure that your financial contributions to the property are reflected in the way that you own it.

Unmarried Couples with a Child

If you are unmarried and have a child, it may be possible to postpone a sale of a property if that property is needed to provide that child with a home. This often forms part of wider child arrangements, particularly where the child’s primary residence is in question. If that happens however and the property is owned by one parent alone the property will revert to them when the child achieves their majority.  Having a child does not give an unmarried parent an interest in the other’s property.  This is a complex area of the law and if you think it may be relevant to you please contact us.

Child support can be claimed but there is no provision for support to be paid to the parent caring for the child. Arrangements for where the child will live and how much time they spend with each parent can be agreed informally or through a legally recognised agreement.

Rights for Unmarried Couples

As the law currently stands the difference between married and unmarried couples could not be greater.  Unmarried couples have no financial rights arising out of their relationship.  Discussions are currently ongoing with a view to changing the law to grant such rights but as things currently stand there is no indication of when this will be achieved. 

Our Experience in Unmarried Couples

Our specialist solicitors have extensive experience advising unmarried couples on their legal rights and responsibilities, whether you’re planning for the future, separating, or navigating issues involving children or property.

We understand that the law can be confusing for couples who are not married or in a civil partnership. Our team regularly helps clients resolve disputes around finances, property and child arrangements, offering clear, practical advice at every stage.

Key people

Whether you are divorcing, separating, or ending a civil partnership, our expert team of family lawyers will help you move forward with confidence.

Emily Green

Associate Solicitor

Fiona Griffin

Head of Legal, Partner and Solicitor

Natasha Alsop

Partner and Solicitor

FAQs

What rights do unmarried couples have in the UK?

Unmarried couples in the UK don’t have automatic rights over property, finances, or inheritance. They need agreements, wills, or trusts to protect their rights and clarify financial and property matters.

How do I protect myself if I am not married?

If you’re not married, you can protect yourself by making a will, creating a cohabitation agreement, and using trusts for property or assets. These steps help secure your financial and property rights and clarify responsibilities if the relationship ends.

Can my unmarried partnetr take my house?

No, your unmarried partner cannot automatically take your house. They only have a claim if they can prove a financial contribution or a legal agreement giving them a share.

Do unmarried partners have any rights in the UK?

Unmarried partners in the UK have very limited automatic legal rights. They don’t automatically share property, finances, or inheritance, and must rely on wills, cohabitation agreements, or trusts to protect their rights.

How are assets shared between unmarried partners?

Assets between unmarried partners are only shared if there’s a legal agreement, joint ownership, or proof of financial contribution. Without these, each partner keeps what is legally theirs.