Cohabiting Couples' Rights in the UK

Living together does not create marriage. Cohabiting couples in England, Wales and Northern Ireland have very limited legal protection if they separate. Scotland is different: it gives cohabitants a narrow set of statutory rights under the Family Law (Scotland) Act 2006.

This article covers cohabiting (unmarried) different-sex and same-sex couples in all four UK nations. The rules genuinely differ by nation, particularly in Scotland, so each section below is tagged to its own jurisdiction.

Why "common law marriage" is a myth in the UK

There is no such legal status as "common law marriage" anywhere in the UK. Surveys commissioned by legal and consumer bodies have repeatedly found a large minority of cohabiting couples wrongly believe that living together for a certain number of years, or having children together, gives them marriage-equivalent rights. It does not, in England, Wales, Scotland or Northern Ireland. Scotland once recognised marriage by cohabitation with habit and repute, but the Family Law (Scotland) Act 2006 abolished it for couples who began living together on or after 4 May 2006. It can still apply where the cohabitation began before that date, and in one narrow case involving an invalid marriage abroad. Cohabitants do not automatically acquire a share in their partner's property, a right to spousal-style maintenance, or automatic inheritance rights simply through the length of the relationship. Whatever rights exist come from specific, narrower legal routes: property and trust law, a will, a cohabitation agreement, a court claim against a partner's estate after a death, or, in Scotland only, a dedicated cohabitant statute. Anyone relying on the assumption of "common law marriage" protection is likely to find, on separation or bereavement, that no such protection exists.

Cohabitants' rights in England and Wales

If an unmarried couple in England or Wales separates, there is no divorce-style financial settlement available to them, however long they lived together or however many children they have. Disputes about the home are resolved under ordinary property and trust law, principally the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), applying resulting and constructive trust principles based on legal ownership, financial contributions and the parties' common intention, not on fairness or need as in divorce. There is no right to ongoing partner maintenance for either party. Claims relating to the couple's children, rather than the adults, can be brought under Schedule 1 of the Children Act 1989, which can require a parent to provide housing or a lump sum for a child's benefit.

If a cohabiting partner dies without a will, the survivor does not inherit automatically. But under the Inheritance (Provision for Family and Dependants) Act 1975, a person who lived with the deceased in the same household as a couple for the whole of the two years before the death can ask the court for reasonable financial provision from the estate, whether or not there was a will. The claim must normally be made within six months of the date the grant of representation is first taken out; after that, the court's permission is needed.

Cohabitants' rights in Northern Ireland

Northern Ireland follows the same pattern as England and Wales: cohabitants have very limited rights on separation. There is no equivalent in Northern Ireland to a divorce-style financial settlement for unmarried couples. Property disputes between former cohabitants are worked out under the same kind of property and trust-law principles applied in England and Wales, looking at legal title, contributions and intention rather than need or fairness. As in England and Wales, there is no right to spousal-style maintenance for a cohabitant, and support for the couple's children is handled separately, through child maintenance and through provision for the child rather than the adult. Northern Ireland has not introduced anything resembling Scotland's cohabitant statute. On a partner's death, however, a cohabitant of two years has the same kind of court claim as in England and Wales, under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979, with the same six-month time limit from the grant of representation.

Cohabitants' rights in Scotland: the Family Law (Scotland) Act 2006

Scotland is the one part of the UK where cohabitants have dedicated statutory rights, under the Family Law (Scotland) Act 2006. Section 28 lets either partner apply to the court for a financial provision order after they stop living together, based on economic advantage or disadvantage arising from the relationship; the application must be made within one year of the date the couple stopped cohabiting, and this time limit cannot be extended. Section 29 lets a surviving cohabitant apply for a discretionary share of a partner's estate if that partner dies without leaving a valid will (intestate); this application must be made within six months of the death. The Trusts and Succession (Scotland) Act 2024 extends this limit to 12 months, but only from the date its section 78 is brought into force; it had not been brought into force as of September 2026, so check the current position before relying on the longer period. Neither section 28 nor section 29 creates an automatic entitlement or ongoing maintenance; both require a court application, are discretionary, and are subject to strict time limits.

Reform has been proposed in both jurisdictions. The Scottish Government's family law consultation, which included cohabitants' rights under the 2006 Act, closed on 21 April 2026, and the UK Government's consultation "A fairer end to relationships", covering cohabitants in England and Wales, ran from 5 June to 14 August 2026. A consultation does not change the law: the rules on this page apply unless and until new legislation is passed and brought into force.

England & Wales, Northern Ireland and Scotland compared

Claims about children when unmarried parents separate

A parent's marital status makes no difference to child maintenance: the Child Maintenance Service applies across England, Wales and Scotland, and Northern Ireland's Child Maintenance Service mirrors the same rules, regardless of whether the parents were ever married or living together. That income-based maintenance is separate from any capital or housing claim. In England and Wales, a parent (or another person with care of the child) can apply under Schedule 1 of the Children Act 1989 for a lump sum, a settlement of property, or periodical payments intended for the child's benefit, such as housing until the child turns 18. This is a claim made for the child, not a route to the kind of financial settlement a spouse can seek on divorce.

Protecting yourself: cohabitation agreements, joint ownership and wills

Because statutory protection for cohabitants is minimal outside Scotland and still limited within it, the practical protections come from planning ahead, above all making a will. A cohabitation agreement cannot rewrite property or trust law, but it lets a couple record what they intend regarding the home, savings and finances, and courts treat clear evidence of intention as relevant if a dispute later arises. Owning a home as beneficial joint tenants, or setting out shares clearly in a declaration of trust, avoids much of the uncertainty behind resulting and constructive trust disputes. A current will matters for every cohabiting couple: an unmarried partner has no automatic entitlement to inherit if their partner dies without one. Scotland's section 29 claim and the court claims available in England, Wales and Northern Ireland are discretionary and time-limited, so naming a partner in a will is the only way to be certain they are provided for.

This article provides general legal information about cohabitants' rights in England, Wales, Scotland and Northern Ireland, verified against gov.uk and legislation.gov.uk as at 18 July 2026. It is not legal advice. Rights on separation or bereavement depend on individual facts, and readers should get advice from a solicitor licensed in the relevant nation, or contact Citizens Advice, Rights of Women or Gingerbread for further support, before relying on it for their own situation.

For the child maintenance rules that apply regardless of a couple's marital status, see child maintenance (CMS). For the divorce-only financial settlement process that does not apply to unmarried couples, see financial settlement on divorce. For more on why no UK nation recognises common law marriage, see common law marriage: the myth. This article is part of the UK family law hub, within the wider United Kingdom law coverage on this site.

Frequently Asked Questions

Is common law marriage real in the UK?

No. Living together, even for many years or with children together, does not create marriage-like legal rights anywhere in the UK. Scotland used to recognise marriage by cohabitation with habit and repute, but the Family Law (Scotland) Act 2006 abolished it for couples who began living together on or after 4 May 2006.

What happens to our house if we separate and we were never married?

In England, Wales and Northern Ireland, ownership is decided under ordinary property and trust law rather than the fairness-based approach used in divorce, so legal title, financial contributions and common intention usually decide the outcome. In Scotland, a partner can additionally apply for a financial provision order under section 28 of the Family Law (Scotland) Act 2006 within one year of separating.

Can I claim maintenance from my ex-partner if we were never married?

No. There is no right to ongoing partner maintenance for cohabitants anywhere in the UK. Scotland's section 28 claim is a one-off financial provision, not ongoing maintenance.

How long do I have to make a claim in Scotland after we separate?

One year from the date you stopped living together as a couple, under section 28 of the Family Law (Scotland) Act 2006. The court cannot extend this time limit.

What if my partner dies without a will?

In Scotland, a surviving cohabitant may apply under section 29 of the Family Law (Scotland) Act 2006 for a discretionary share of the estate, within six months of the death (12 months once section 78 of the Trusts and Succession (Scotland) Act 2024 is brought into force). Elsewhere in the UK, cohabitants have no automatic inheritance rights, but a partner who lived with the deceased as a couple for the two years before the death can ask the court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (in Northern Ireland, the 1979 Order), normally within six months of the grant of representation. Because these claims are discretionary, an up-to-date will still matters.

Do we get any rights relating to our children if we are not married?

Yes. Child maintenance through the Child Maintenance Service applies regardless of the parents' marital status, and in England and Wales a parent can separately apply for housing or a lump sum for the child under Schedule 1 of the Children Act 1989.

What can cohabiting couples do to protect themselves without marrying?

Own the home as beneficial joint tenants or set out shares in a declaration of trust, put a cohabitation agreement in place recording your intentions, and make a will naming your partner, since intestacy rules give unmarried partners little or no automatic entitlement.

Does living together for a set number of years create common law marriage rights?

No. There is no length-of-cohabitation threshold anywhere in the UK that converts a relationship into marriage-equivalent legal status.