More couples than ever are choosing to live together without getting married. While day-to-day life may feel the same as marriage, the legal protections are not. When it comes to homeownership, inheritance, and splitting up, cohabiting couples often find they have far fewer rights than expected.
Whether you’re moving in with a partner or already sharing a home, understanding where you stand can make a real difference, especially if the property is owned by just one of you.
Related: The pros and cons of shared ownership
The myth of the ‘common law marriage’
Many believe that living together for long enough gives them the same rights as married couples. This is often referred to as a common law marriage, but in UK law, there is no such thing. Regardless of how long you’ve cohabited or whether you have children, cohabiting partners do not automatically gain any legal rights to each other’s property or assets.
My partner owns the house – what rights do I have in the UK?
If you’re living in a property owned solely by your partner, it’s natural to wonder what rights you have, especially if you’ve been contributing to the household. In most cases, your legal position is limited unless certain steps have been taken to establish a financial interest.
When the property is in only one partner’s name, the other typically has no automatic legal claim, no matter how long they’ve lived there or helped with bills.
You may be able to establish a claim if you can prove:
- You made direct financial contributions toward the mortgage or significant improvements
- There was a clear, shared intention to own the property together
- A promise was made that led you to act to your financial detriment
Without this kind of evidence, the legal owner retains full control of the property, including the right to sell it or ask the other partner to leave.
Related: The documents you need to sell a house
I own my house – can my partner claim half?
Owning a home and sharing it with a partner can raise some tricky questions around ownership. You might be wondering whether your partner could claim half the house just by living there. In most cases, the answer is no.
Unless there’s a legal agreement in place or your partner has contributed significantly to the property, such as helping with the deposit or paying towards major renovations, they won’t have an automatic right to a share.
To keep things clear and fair from the start, it’s worth:
- Keeping track of who pays for what
- Avoiding large informal payments unless you’re both on the same page
- Putting something in writing, like a cohabitation agreement or declaration of trust
It might feel like an awkward conversation now, but it can save a lot of confusion later.
Wills, inheritance, and cohabiting couples
Property and inheritance rights
Cohabiting partners do not automatically inherit from each other if one passes away without a will. Even if you’ve lived together for years, the estate would be passed to next of kin under standard rules, often leaving the surviving partner with nothing.
Creating a will is essential to:
- Ensure your partner is protected
- Control who inherits your property and assets
- Avoid potential legal disputes with family members
Related: I’ve inherited a house – what comes next?
My wife owns the house what rights do I have?
Being married gives you different legal protections than cohabiting. If your wife owns the home, you may still have a claim, especially if it’s considered a marital asset or you’ve contributed in other ways during the relationship.
Matrimonial law allows spouses to make financial claims on property, even if their name isn’t on the title deeds. But if you’re not legally married and simply living together, those rights don’t apply. In that case, your legal position is much weaker, and you may not be entitled to a share without a formal agreement or evidence of financial contribution.
Separation and what happens next
When cohabiting couples split up, the legal outcome depends entirely on ownership and evidence. Unlike divorce, there are no automatic rights to a share of property or financial support. The question of whether your partner is entitled to half your house if you’re not married depends on several factors, including ownership, financial contributions, and any legal agreements in place.
- Whether the property is jointly owned
- Whether a declaration of trust or cohabitation agreement exists
- Whether one partner can prove a beneficial interest through financial contribution
Without those, the non-owning partner may have no legal claim.
Practical ways to protect both partners
You do not need to be wealthy or have legal expertise to protect yourself. A few practical steps can make your situation clearer and fairer for both of you:
Create a cohabitation agreement
This outlines how finances, property, and responsibilities are shared. It can also detail what should happen if the relationship ends.
Write or update a will
Ensure your partner is included in your plans and avoid relying on inheritance laws that do not automatically recognise cohabiting couples.
Consider joint ownership or a declaration of trust
This legally confirms how much of the property each partner owns and helps avoid confusion or disputes in the future.
Keep clear records
If you’re contributing to a mortgage, deposit, or home improvements, keep proof. This can support your case if things change down the line.
Clarity is essential
Cohabiting couples have very different legal rights from married couples, particularly in property ownership and inheritance. While the law continues to evolve, the responsibility often lies with individuals to act early.
If you’re planning to move in with a partner, own a home your partner will be living in, or simply want to know your legal standing, it pays to be informed. Whenever you’re ready to take the next step in your homeowning journey, your local Parkers team can help you make confident, well-prepared decisions every step of the way.
*This guide is general info, and not legal advice. For anything specific, it’s best to check with a legal expert.
