Agreements made before problems arise
We draft and review cohabitation agreements and declarations of trust for one of you, while the other takes independent advice from their own solicitor.
Family LawUnmarried Couples and Cohabitation Solicitors
Unmarried Couples and Cohabitation Solicitors
RakLAW Solicitors advises couples who live together without marrying or forming a civil partnership: cohabitation agreements, who owns what on a separation, claims over a home in one name or in joint names, and arrangements for children.
There is no legal status of common law marriage in England and Wales, however long you have lived together, and whether or not you have children.
Our family solicitors are at 42 Shad Thames in Southwark, a short walk from Tower Bridge, with a free 15-minute consultation.
Cohabitation Advice in England and Wales
Separating gives neither of you a claim on the other's pension or income for yourselves: a civil court dealing with a property claim between cohabitants cannot award maintenance, divide a pension or order a lump sum. Claims for a child run separately: the Child Maintenance Service for maintenance, and the Children Act 1989 for the rest.
The rights you do have come from ownership, from written agreements and from being a parent. If your name is on the title, the starting point is that you own a share. If it is not, you may still have a beneficial interest, but you have to establish it.
Reform is under consideration but not in force. The consultation A fairer end to relationships closed on 14 August 2026 and proposed a scheme for cohabitants who have lived together for at least three years or who share a child, with an option to opt out.
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Understanding Cohabitation Law in England and Wales
Married couples who separate use the Matrimonial Causes Act 1973, which lets a court redistribute property, income and pensions. Cohabiting couples have no equivalent, so their claims come from three places:
- Property and trust law. Anyone with an interest in property subject to a trust of land may apply under section 14 of the Trusts of Land and Appointment of Trustees Act 1996. The court can declare the extent of each interest or order a sale, and section 15 tells it what to weigh, including the welfare of any child living there. See TOLATA claims.
- Contract. A cohabitation agreement or a declaration of trust records what the two of you decided, so the shares are a matter of record.
- The Children Act 1989. Schedule 1 lets a parent apply for periodical payments, a lump sum or a property transfer for a child's benefit. See unmarried parents and children.
Where a home is bought in joint names with nothing said about the shares, the starting point is joint ownership in law and in equity: Jones v Kernott [2011] UKSC 53. It can be displaced by evidence that the common intention was in fact different, at the purchase or later, deduced from conduct and dealings.
Where the home is in one name the assumption runs the other way, and the other partner must prove a beneficial interest, usually through financial contributions or a shared understanding about ownership: the ground fought over in property disputes between unmarried couples.
Evidence and Common Issues
What decides a cohabitation case is usually paperwork you already have:
- The title register and the transfer, showing whose name is on the property.
- Any declaration of trust, form JO or written agreement, however informal.
- Mortgage and bank records showing who paid the deposit and the instalments, and invoices for improvements.
- Messages and emails about ownership, and the birth certificate for any child.
Recurring problems: a deposit paid by one partner with nothing in writing, mortgage payments from a joint account into a sole name property, and an agreement drawn up without separate advice.
Death is the other gap. A partner who was not married or in a civil partnership does not inherit under the rules of intestacy, so putting a will in place is the simpler answer.
When Legal Advice Is Especially Important
Advice from a cohabitation solicitor matters most where:
- The home is in one name and the other partner paid the deposit, mortgage or an extension.
- You cannot agree where the children live or how they are supported: see child arrangements orders and child maintenance.
- A lender, a trustee in bankruptcy or a relative who funded the deposit also has an interest.
- There is domestic abuse. Call 999 in immediate danger, or the National Domestic Abuse Helpline on 0808 2000 247. A partner with no right to occupy can still apply for an occupation order under the Family Law Act 1996.
- Your right to be in the UK rests on the relationship: see unmarried partner visa.
How the Process Works for Unmarried Couples
The order of work is much the same whether a dispute is resolved by agreement or by a court.
- 01 Establish what is owned and by whom
We obtain the title register, the transfer, any declaration of trust or agreement and the mortgage history, so the starting point is a fact, not an assumption.
- 02 Work out the claim
A home in joint names starts from equal beneficial shares; a sole name starts from the owner holding everything. We then test what the course of dealing shows.
- 03 Deal with the children separately
Parental responsibility, arrangements and money for the children run on their own track under the Children Act 1989, and the Child Maintenance Service can handle maintenance.
- 04 Negotiate, mediate or meet round a table
Correspondence, a round table meeting or mediation are the usual routes. Where a private law children or financial remedy application is made, a mediation information and assessment meeting is normally required unless an exemption applies, such as evidence of domestic abuse. See our mediation options.
- 05 Record the agreement properly
A property settlement is recorded in a deed and a transfer, and in a declaration of trust where you still own it together. Arrangements for children can be agreed without a court order.
- 06 Apply to court if agreement is not possible
A claim about the home is made under section 14 of the 1996 Act, and a claim for a child under Schedule 1 to the Children Act 1989.
How Our Cohabitation Solicitors Can Help
Working out your share of the home
We gather the title, mortgage and contribution evidence, then advise on the strength of a beneficial interest claim.
Court claims about property
Where agreement is not possible we prepare and run a section 14 application under the Trusts of Land and Appointment of Trustees Act 1996, including an order for sale.
Children and money for children
We advise on parental responsibility, arrangements for the children, child maintenance and Schedule 1 provision.
Protecting the position on death
We explain what happens if one of you dies without a will and work with our wills and probate team.
Why Choose RakLAW Solicitors?
Regulated and accountable
RAKLAW Solicitors Ltd is regulated by the Solicitors Regulation Authority, SRA number 8007405, and our family law charges are published.
Property law and family law together
A cohabitation case is part property dispute and part family case, and we deal with both sides on one file.
Plain English about a difficult area
We say what the law provides, what your evidence supports and where the argument is weak.
A short walk from Tower Bridge
Our office at 42 Shad Thames, London SE1 2YD is close to Tower Hill, London Bridge and Bermondsey stations.
Free 15-minute consultation
A first conversation at no cost helps you decide whether you need a solicitor throughout, for certain stages, or not at all.
Unmarried Couples and Cohabitation FAQs
Do unmarried couples have common law marriage rights?
No. There is no legal status of common law marriage in England and Wales, however long you have lived together. What you can claim depends on ownership, any written agreement and parenthood.
Who owns the house if only my partner is on the title?
The assumption is that the legal owner holds the whole beneficial interest. You can still establish a share through financial contributions or a shared understanding about ownership. Section 14 of the 1996 Act lets the court declare its extent.
We own the home jointly. Do we each get half?
Where a family home is bought in joint names and nothing is recorded about the shares, the court starts from the presumption that the beneficial interest is shared equally. Evidence that your common intention was different, at the purchase or later, can displace that.
Can I claim maintenance from my ex-partner for myself?
No. There is no equivalent of spousal maintenance for a cohabitant. Money can be claimed for a child, through child maintenance or a Schedule 1 application.
Is a cohabitation agreement legally binding?
Not automatically. Whether one can be enforced depends on how it is drafted. Full disclosure, independent advice for each of you and a properly executed document make it harder to challenge.
Do I have parental responsibility if we never married?
A birth mother has parental responsibility from the birth. A father who was not married to, or in a civil partnership with, the mother at the birth acquires it by joint registration of the birth from 1 December 2003, by a parental responsibility agreement, or by a court order.
Does my ex pay child maintenance if we were never married?
Yes, in principle. Both parents are responsible for the costs of raising their children even if they do not see them. You can agree privately or use the Child Maintenance Service.
What is a TOLATA claim?
An application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996. The court can declare the extent of each person's interest and order a sale.
What does a declaration of trust do?
It records the beneficial shares in a property in a signed deed, so who owns what is settled at the start rather than argued about later. Form JO confirms how joint proprietors hold a property.
Will I inherit if my partner dies without a will?
Not under the rules of intestacy, which make no provision for a partner who was not married or in a civil partnership. A claim against the estate may still be possible under the Inheritance (Provision for Family and Dependants) Act 1975, which is dealt with by our wills and probate team.
Is the law on cohabitation about to change?
The Ministry of Justice consulted on protections for cohabitants in A fairer end to relationships, which closed on 14 August 2026. Nothing has changed and no response has been published.
Do we have to try mediation before going to court?
No. Before a private law application about children, or a financial claim for a child, you normally have to attend a mediation information and assessment meeting, not mediation itself. Exemptions apply, including evidence of domestic abuse. A property claim under the 1996 Act is a civil claim.
Related Family Law Services
Speak to a Cohabitation Solicitor
Whether you are moving in together, separating or arguing about a home in one name, a free 15-minute consultation with a RakLAW family solicitor will help you see where you stand.
Request a call back and tell us briefly what you need advice on.