Living Together vs Marriage: Your Legal Rights Compared
Many couples believe that living together long enough gives them 'common law marriage' rights. In England and Wales, it doesn't — and the gap can be costly.
The common law marriage myth
There is no such thing as common law marriage in England and Wales. No matter how long you live together, cohabiting partners do not automatically gain the legal and financial protections that marriage or civil partnership provides.
Where the differences bite
On separation
Married couples have a framework for dividing assets fairly on divorce. Cohabiting couples generally have no automatic claim on each other's property or income, regardless of how long they were together or whether they have children.
On death
A spouse inherits under the intestacy rules if there's no will. A cohabiting partner inherits nothing automatically, which can leave a surviving partner in a very difficult position.
On property and pensions
Married couples benefit from various tax and pension protections that simply don't apply to cohabiting couples.
How to protect each other
- A cohabitation agreement covering property and finances
- A will, so your partner is provided for
- A clear record of who owns what, especially property
- Lasting powers of attorney for decisions if one of you loses capacity
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