What financial rights do cohabiting couples have?

Pressure is growing to give people living together more rights so that they share the same benefits as married couples.

The makeup of UK households has changed over the past decade, with the latest data from the Office for National Statistics showing the number of cohabiting-couple families in 2025 was 3.5 million, up from 3.2 million in 2024. This makes up 17% of households. In contrast, married couples accounted for 65.3% of families in 2025, or 13 million, down from 66% in 2015.

This trajectory is “intensifying pressure”, said Forsters Law, for “long-awaited” reform of laws for unmarried couples who live together.

The government has promised to consult on changes, but for now, many couples appear unaware of the risks from remaining outside of marriage’s legal framework.

What rights do couples have?

Common-law marriage may be recognised in some countries, said solicitors Bell Lamb & Joynson, but it is “a myth in the UK”.

Cohabiting couples do not have many rights around finances, property or children, which can be an issue if a relationship breaks down or a partner passes away.

If an unmarried couple splits up, there are no automatic rights to each other’s property, assets or income, apart from property that is jointly owned and child maintenance.

What happens to property?

Unlike a married couple, a cohabiting partner has no rights to claim a percentage of their partner’s assets or property, regardless of how long they have lived together or if they have children together. Unless it is a joint ownership.

It may be worth owning a property as ”tenants in common” with a deed of trust, said MoneySavingExpert, if it is “more complicated than a simple 50/50 split”.

But you have far fewer rights if the property is solely owned by your partner in the event of a split.

Are there Inheritance rights?

Very few. Unless assets are jointly owned or an individual applies to the courts, they will not inherit anything from a partner, unlike married spouses or those in a civil partnership.

A valid will, outlining beneficiaries, can provide reassurances that money or assets such as property can be passed on.

Those who inherit assets from their partner will benefit, but under current law, married couples enjoy far more protection and allowances. For example, spouses can pass assets to each other tax-free, but for those not married, anything worth above £325,000 in a deceased person’s estate could face an inheritance tax charge.

The lack of rights for unmarried couples might seem “harsh”, said law firm Slater and Gordon, but marriage provides a “certain degree of clarity” and comes with the “benefits and liability of a contract”.

However, “marriage isn’t the only type of legal contract”, and a cohabitation agreement or a declaration of trust can also provide some legal protection.

Can pensions be passed on?

Not in the majority of cases, which makes them a particularly “big risk area” for unmarried couples, said The Times.

Most schemes will automatically pay out to a spouse, but there are “no guarantees” for cohabiting partners. In some cases, payments for long-term partners will be allowed, and is worth investigating to see whether certain documentation needs to be completed in advance, such as an expression of wish form.