The Government is considering significant changes to the legal rights of couples who live together but are not married or in a civil partnership.
Its “A Fairer End to Relationships” consultation closed on 14 August 2026 and includes proposals covering what happens financially when cohabiting couples separate and when one partner dies without a Will. For now, however, the law has not changed.
For the millions of couples who live together in England and Wales, understanding the difference between the current law and the proposed reforms is important.
What rights do cohabiting couples have now?
One of the most common misconceptions is the idea of a “common law marriage”. Simply living together for a certain number of years does not currently give an unmarried couple the same legal rights as a married couple.
Unlike spouses going through divorce, cohabiting partners cannot rely on the Matrimonial Causes Act 1973 to ask the court to redistribute their finances.
Instead, disputes about property are generally dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
If a home is owned jointly, the usual starting point is that the couple have equal beneficial interests, although evidence can sometimes show that different shares were intended. If the property is in one partner’s sole name, the starting point is that they own the whole beneficial interest. The other partner may be able to establish an interest, but this will usually require evidence of financial contributions or a shared intention that they should have a share.
Unlike on divorce, the court dealing with a TOLATA claim cannot simply redistribute assets because it considers that outcome fair. Its powers are primarily concerned with property ownership, occupation and sale; it cannot generally award maintenance, divide pensions or make the wider financial orders available on divorce.
Where children are involved, Schedule 1 of the Children Act 1989 can provide another route. This allows the Family Court to make certain financial orders for the benefit of a child, including in appropriate cases lump sums or property arrangements. These orders are made to meet the child’s needs rather than the financial needs of the former partner themselves.
You can learn more about the current position in our Guide to TOLATA and Schedule 1.
What is the Government proposing?
The consultation considers creating a new legal framework specifically for eligible cohabiting couples who separate.
Under the proposals, the framework would generally apply to couples living together in a committed, long-term relationship who have either:
- lived together for at least three years; or
- lived together and have a child, or a child treated as part of their family.
The Government is also proposing that qualifying couples would automatically fall within the new framework, although they could agree to opt out, subject to safeguards such as financial disclosure and independent legal advice.
Would cohabiting couples receive the same rights as married couples?
No. Even under the proposed reforms, the Government intends the rights of cohabitants to remain narrower than the rights available on divorce.
The proposed system would be based primarily on financial needs, with the needs of children considered first. Each partner would generally keep what they legally own, and there would be no automatic assumption that relationship assets should be divided 50:50.
However, where necessary to meet identified needs, the court could potentially have a wider range of options than it does today. These could include transferring property, ordering lump sum payments and sharing pensions. Maintenance between former partners could also be possible, but the Government proposes restricting this to exceptional circumstances and for a limited period.
A two-year deadline for bringing a claim following separation is also proposed.
What could change if a cohabiting partner dies?
The consultation also addresses another important difference between marriage and cohabitation.
Currently, if someone dies without a valid Will, their unmarried partner has no automatic right to inherit under the intestacy rules, regardless of how long they have lived together. In some circumstances, a surviving partner can make a claim against the estate, but that is very different from automatically inheriting.
The Government is considering allowing a qualifying cohabitant to inherit automatically where their partner dies without a Will, potentially giving them similar intestacy rights to a spouse or civil partner.
Exactly who would qualify remains under consideration. The consultation asks what minimum period should apply and specifically considers the Law Commission’s previous suggestion of five years for couples without children and a shorter period where a couple have children together. These thresholds have not yet been decided.
Whatever happens with reform, making a valid Will remains one of the clearest ways to make sure your wishes are known and to reduce uncertainty for those you leave behind.
What should cohabiting couples do now?
These proposals could eventually represent a major change, but they are not yet law. The Government will now consider responses to the consultation before developing legislation, which will be introduced when Parliamentary time allows.
In the meantime, couples should continue to plan on the basis of the law as it currently stands. A properly prepared cohabitation agreement can help record how property, finances and responsibilities are to be dealt with during the relationship and what should happen if you separate. Making or updating a Will can also be particularly important for unmarried couples.
If you are living with a partner, considering buying a property together or dealing with the breakdown of a cohabiting relationship, taking advice early can help you understand your position and protect your interests.
Find out more about our Cohabitation legal services or contact DTM Legal’s Family Law team at family@dtmlegal.com.