Where the myth comes from
Many people believe that after a few years living together, a couple gets the same rights as a married one. They don't. "Common law wife" and "common law husband" have no legal meaning in England and Wales. Living together for 20 years, sharing a surname or having children together doesn't change that.
That may change. In 2026 the government consulted on new rights for cohabiting couples who have lived together for at least three years or have a child together, including the option to opt out by agreement. These are proposals, not law, and there's no date for a new law yet. For now, the rules below apply.
If you split up
No maintenance between partners
A married partner can be ordered to support the other after divorce. An unmarried partner can't, however much one of you gave up for the relationship, for example by staying at home with children.
The home goes by who owns it
If the home is in both names, you start as equal owners unless you can show you agreed something different. If it's in one name, the other partner has to prove they were meant to have a share, which is hard. A declaration of trust settles this in writing. Our guide on who gets the house goes through it.
Renting together
If you're both on the tenancy, you're both usually responsible for the whole rent until it ends, not just half. If only one of you is on it, the other has no right to stay once you split.
Belongings and money
Things generally belong to whoever paid for them, and gifts to whoever received them. Money in a joint account is usually treated as belonging to you both. Without receipts or an agreement, it can be hard to prove who owns what.
Children
Both parents must support their children, whether or not they were married, and child maintenance can be arranged between you or through the Child Maintenance Service. A parent can also apply to court for financial help for a child, such as somewhere to live, but that's for the child's benefit, not the other partner's.
If one of you dies
No inheritance without a will
If your partner dies without a will, you inherit nothing under the intestacy rules, however long you were together. Their estate goes to their children, parents or other relatives instead. A will is the only way to make sure your partner inherits. You can make one online with PureWill.
Claiming from the estate
If you lived together as a couple for at least two years immediately before the death, you can ask the court for reasonable provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. It's slow, stressful and not guaranteed.
Your home
If you own as joint tenants, the home passes to the survivor automatically. If you own as tenants in common, the share goes under the will, or under the intestacy rules if there isn't one. Our guide to what happens if a co-owner dies explains both.
Tax, pensions and benefits
Married partners can leave everything to each other free of inheritance tax. Unmarried partners can't, so a larger estate may owe tax when the first of you dies.
Many pension schemes only pay a survivor's pension to an unmarried partner who was nominated, so check each other's nomination forms. One thing has improved: since February 2023, a cohabiting partner can claim Bereavement Support Payment if you were bringing up children together.
How to protect yourselves
Start with wills. They're the single most important step, especially if you have children or a home.
If you own a home together, put the shares in writing with a declaration of trust. It records who owns what and what happens if you split. A cohabitation agreement can then cover bills, savings and belongings.
Finally, check your pension nominations and life insurance name the person you want.
This guide covers England and Wales. Scotland gives cohabiting partners some limited rights to claim if they split up or one dies, and Northern Ireland has its own rules.