What are your legal rights when separating if you live together but you’re not married?

The number of cohabiting couples in the UK has increased significantly over the last few decades. If you’re living together but unmarried, and you make the decision to separate, you might have worries about the legal process, finances and your children’s wellbeing if you have them.

If you find yourself in this situation and you live with your ex-partner but you’re not married, it’s important to understand your options so you can protect your children and finances now and in the future. Unlike married couples, cohabiting couples are not automatically legally tied to each other regarding property and assets, which can lead to complications during separation.

Your legal rights when living together

Living with a partner when you’re not married is also called cohabitation. Cohabiting partners do not have the same legal rights or legal protection as married couples or civil partners.

Lots of people incorrectly believe that they automatically gain rights to their partner’s property and belongings if they live together for a long time. There is a widespread myth that cohabiting raises the legal status of a relationship, giving couples what is sometimes referred to as a ‘common-law marriage’, but this is not the case.

The reality is that there’s no such thing as a common-law marriage. A cohabiting relationship does not change your legal relationship or marital status and your rights and responsibilities towards each other are limited compared to that of a married couple.

Unmarried cohabiting couples have very few automatic legal rights regarding property, finances, or inheritance, regardless of how long they have lived together or if they have children.

That said, there’s still lots you can do to protect your finances and the wellbeing of your family when a cohabiting relationship ends. This guide will help you make the best decisions for you and your family.

Your legal rights during separation when you’re not married

In England and Wales, the legal rights and protections for couples who aren’t married are quite different compared to those who are married or in a civil partnership. Here’s a breakdown of what you need to know:

Property and finances

When you break up as an unmarried couple, you have no automatic right to each other’s property and finances, such as pensions, savings and investments. This is true no matter how long you’ve been together or lived together.

There are some exceptions to this rule, including if you have a cohabitation agreement, which sets out what will happen to your assets if you split up. Plus, if you’re tenants in common ownership of your property, you’re entitled to your share in the property when you split up.

If you live in a property owned by your partner, you’ll not usually have any rights to the property unless you can prove you have either contributed to the deposit for the house or the mortgage payments or made a financial commitment, like paying for major work on the house, with the understanding that you would own a share of the house.

Living in your partner's property does not automatically give you rights or financial interest in that property unless specific legal steps are taken, such as creating a Declaration of Trust to clarify your financial contributions and ownership rights.

If the property is in your partner’s sole name, the non-owning partner has very limited rights to remain in the home or claim a share, unless they can establish a beneficial interest through financial contributions or legal agreements.

If one of you has contributed more to the home or other shared assets, the idea of walking away with nothing can be worrying. Just because you don’t automatically have a right to each other’s assets doesn’t mean you can’t divide them. Many separating couples choose to divide their money and negotiate a fair financial agreement between themselves or with the help of a service such as amicable.

Children

Parental responsibilities and rights are based on the best interests of your children. Parental responsibility refers to the legal rights, duties, powers, and authority a parent has in relation to their child and their child's property, and is crucial for making important decisions about a child's welfare. As parents, both of you share the responsibility to support your children financially and emotionally, even if you aren’t living together.

Learn more about the kinds of things you should discuss by reading our blog on childcare after separation. If you don’t know how to approach discussions with your ex-partner about your child arrangements, talk to a professional. An experienced separation expert can provide the advice and support you need to move forward with your separation. They will take your unique circumstances into account and work with you to find the right solution for your family.

Financial support

Unlike married couples, there’s no legal obligation to provide financial support to your ex after separation. However, if there are children involved, child maintenance may need to be paid by the parent who doesn’t look after the child most of the time.

Both parents are equally responsible for providing financial support for their dependent children, regardless of marital status. The Child Maintenance Service can help establish and enforce financial support obligations for parents who are not living together.

Talking about your financial arrangements early on in your separation is useful. This helps to avoid misunderstandings and ensures you’re both clear on your responsibilities. A separation agreement can be drafted to document your financial arrangements.

Struggling to agree how to split your money and property? Book a free 15-minute advice consultation with an amicable specialist to explore your options and next steps.

Inheritance rights if you’re not married

When you're living with your partner in England and Wales, the inheritance rules you'll face are completely different from what married couples or civil partners get.

If your partner dies without making a will, you as the surviving partner won't automatically inherit their property or finances. Instead, their estate gets divided up according to intestacy rules, which put close family members like kids, parents, or siblings first in the queue, rather than you as the surviving cohabiting partner. This means you could end up with no legal claim whatsoever to your shared home or other assets, no matter how many years you've been together.

To avoid this, getting a will sorted is the most effective way to make sure your wishes get respected. A will lets you spell out exactly how you want your property, savings, and other assets divided up if you pass away. Without one, your partner might have zero legal right to inherit anything, even if you've got children together.

Another useful tool is a cohabitation agreement: a written agreement that sets out how you'll handle money matters, who owns what property, and what should happen if your relationship ends or one of you dies. This can help you avoid disputes and gives both of you clarity about where you stand. If you're buying property together, you should consider getting a declaration of trust, which spells out each person's share and what happens to the property if the relationship breaks down or a partner dies.

For property ownership, it's crucial that you've got clear arrangements sorted out. Setting up a joint tenancy or a tenancy agreement can help make sure both of you have rights to the home. If you're joint tenants, the property automatically goes to the surviving partner, but if you're tenants in common, each partner's share gets dealt with according to their will or those intestacy rules.

If you've got children, make sure you've sorted out proper financial provision for them in your will or through a trust. This can help protect their interests and stop future disputes.

While there's been talk about reforming cohabitation laws, no major changes have actually been put in place yet. For now, cohabiting couples have fewer rights than married couples or civil partners, so it's vital that you take steps to protect your financial future.

In summary, if you're living together but not married, don't assume you've got the same rights as married couples do. Get a will made, think about a cohabitation agreement, and get legal advice to make sure your wishes are respected and your loved ones are protected.

Taking these steps now can save you stress and uncertainty down the line.

Do you need a legal separation if you’re not married?

If you aren’t married, you won’t need a legal separation or divorce to formalise your separation. Those are only possible for married couples or civil partners. However, you may benefit from having a separation agreement drawn up to outline your financial split.

What is a separation agreement?

A separation agreement explains how you have split your money, property and other assets in a separation. For example, it might say who will pay the rent or mortgage and the bills. It might also outline any child maintenance or spousal maintenance arrangements and what will happen to the proceeds of a property once sold.

Explore this free guide for more information on separation agreements.

Whilst not automatically legally enforceable, a separation agreement carries a lot of weight in court, and can help protect you against future financial claims.

How to make a separation agreement

A separation agreement outlines how you’ll divide your money and property and look after your children when you end your relationship and stop living together. This needs to be mutually agreed for it to be valid.

The key to a fair, amicable separation is to stay informed and open to discussion so that you reach a solution that you both feel is fair.

Gather your personal and joint financial information

If you’re negotiating a financial agreement, it’s important to know what you have before you can divide it. Gather relevant financial information and get valuations for assets such as property, businesses and pensions.

Locate any property ownership and any agreements made during your relationship. These documents can be invaluable if you don’t agree how to split your finances and responsibilities later on.

It’s important to consider maintaining separate bank accounts to help manage finances and clarify responsibilities, especially in the event of separation or estate settlement. Cohabiting partners are generally not liable for debts solely in their partner's name but are responsible for joint debts. Additionally, cohabiting partners are treated as a single household for means-tested benefits, with income assessed jointly.

When you’ve pulled together a detailed overview of your financial situation, consider how separation will impact your income, living expenses and long-term financial goals. This will help you come to an informed and fair financial agreement that you are happy with and that meets the needs of your whole family. Every situation is unique and there is no one-size-fits-all approach to separation. Take the time to consider your circumstances and make decisions that prioritise any children.

Prioritise your children’s needs

Focus on the wellbeing of your children throughout the separation process.

There are lots of things to agree on when you separate with children, such as where they’ll live, who they’ll live with and when your children will spend time with each parent. Often, changes will have to be made to their usual routines during and after separation. Communicate these changes to your children in advance and keep things as consistent as possible.

It’s important to reassure your children throughout the separation that they are loved by both of you and that this is not their fault.

You can explore more about parenting during and after separation by reading our co-parenting blogs or downloading your DIY parenting plan template.

Getting help during separation if you’re not married

If you're facing separation and have more questions about your rights or the journey ahead, reach out to our Separation Specialists who can give guidance tailored to your situation.

Our service offers a unique approach to separation that reduces conflict, keeps costs down and puts your family first. Book your free 15-minute consultation with a Separation Specialist who can help you understand your options.

Legal rights, cohabitation and separation FAQs

Am I entitled to any financial assistance in my separation if I’m not married?

There isn’t a legal obligation to provide financial support to your ex after separation. But if you have children, the non-primary caregiver may still have to pay child maintenance.

What is a separation agreement and do I need one if I’m not married?

A separation agreement is a document that outlines the agreed-upon split of your finances. Although it isn't legally enforceable by the court, it can carry weight in court if written correctly. Separation agreements aren't essential in a separation but are a good way for unmarried couples to protect themselves against future financial claims. These claims could be brought against your current assets or any future assets/inheritance.

What’s the difference between a legal separation and a separation agreement?

Legal separation is the process of going to the courts to formalise your separation. This is also known as judicial separation and is for married couples or civil partners. Alternatively, a separation agreement is a legal document. This outlines how assets, debts and other financial considerations are split if a couple separates. A separation agreement can be used by