Cohabitation Law
Legal rights and obligations of unmarried couples, property disputes, children, and relationship breakdown.
Introduction
Cohabitation law addresses the legal position of unmarried couples living together in England & Wales. Unlike married couples, cohabitants have no automatic rights to each other's property, income, or pension upon relationship breakdown. There is no concept of 'common law marriage' in English law — a persistent myth that leads to many people being unaware of their vulnerability. Property rights depend on express agreements, trusts law (particularly constructive trusts and proprietary estoppel), and the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Children's financial provision is governed by Schedule 1 of the Children Act 1989.
Core Principles
No 'Common Law Marriage' — English law does not recognise common law marriage. Cohabitants have no automatic property, maintenance, or inheritance rights regardless of the length of the relationship.
Property Rights — Beneficial interests in property are determined by express trusts, resulting trusts, common intention constructive trusts (Lloyds Bank v Rosset [1991]; Stack v Dowden [2007]; Jones v Kernott [2011]), or proprietary estoppel.
TOLATA Claims — Under the Trusts of Land and Appointment of Trustees Act 1996, cohabitants can apply for court declarations about beneficial ownership and orders for sale of co-owned property.
Cohabitation Agreements — Written agreements about property and finances are not automatically binding but carry significant evidential weight. Courts will generally uphold them unless circumstances make enforcement unjust.
Children Act Schedule 1 — Unmarried parents can apply under Schedule 1 of the Children Act 1989 for financial provision for children, including lump sums, property settlements, and periodical payments.
Inheritance — Cohabitants have no automatic right to inherit under intestacy rules. They may claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were maintained by the deceased or had lived together for 2+ years.
Death in Service & Pensions — Unmarried partners may not be entitled to bereavement benefits or pension death benefits. Nomination forms and will-making are essential.
Key Statutes
Trusts of Land and Appointment of Trustees Act 1996
Children Act 1989 (Schedule 1)
Inheritance (Provision for Family and Dependants) Act 1975
Leading Cases
Jones v Kernott
[2011] UKSC 53
Lloyds Bank v Rosset
[1991] 1 AC 107
Common Scenarios
Unmarried partner wants a share of the family home
If the property is in one partner's name, the other must establish a beneficial interest through constructive trust (common intention + detrimental reliance) or proprietary estoppel. Contributions to mortgage payments, renovation, or childcare may be relevant.
Cohabitation breaks down and partner refuses to leave
Without a beneficial interest or tenancy, the non-owning partner has no automatic right to remain. An application under TOLATA can resolve disputes about ownership and occupation.
Unmarried partner dies without a will
Surviving cohabitant receives nothing under intestacy rules. They may claim under the 1975 Act if they lived together for 2+ years or were maintained by the deceased.