What Rights Do Unmarried Couples Have? The 2026 Reform Plans
Last updated: 12 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: Unmarried couples have far fewer rights than married couples when they split up in England and Wales. There's no "common law marriage". Each partner usually keeps what they own, and claims mostly rest on property and trust law and the children's needs. The government consulted in 2026 on new rights for cohabiting couples, but these are proposals, not law.
What changed | Nothing yet. A government consultation proposed new financial rights for cohabiting couples who separate or are bereaved |
In force from | Not in force. The consultation ran from 5 June to 14 August 2026 and the government is analysing the responses |
Where it applies | England and Wales |
The law (Act or rule and section) | Current law: Trusts of Land and Appointment of Trustees Act 1996 s14; Children Act 1989 Schedule 1 and s4; Inheritance (Provision for Family and Dependants) Act 1975 s1(1)(ba) and (1A) |
Who it affects | Couples who live together without being married or in a civil partnership, and their children |
Source checked (date) | GOV.UK, Ministry of Justice and legislation.gov.uk, checked 12 November 2026 |
What rights do unmarried couples have now?
If you live together but aren't married or in a civil partnership, the law in England and Wales treats you as two separate people when the relationship ends. GOV.UK puts it plainly: "common law marriages" don't exist, even if you've lived together for a long time or have children. That's still the position today.
So there's no divorce-style sharing of money, no right to a share of your partner's pension and no maintenance for yourself. What you can do depends on three separate areas of law, and it helps to keep them apart in your head.
The home and other property
Disputes about a home you shared are decided under property and trust law, mainly section 14 of the Trusts of Land and Appointment of Trustees Act 1996. A court can decide who owns what share of a property and whether it should be sold. The starting point is what the deeds say and whether the property is in joint names. In some cases the court also looks at what you both intended and how you dealt with the property, but these cases can be hard to prove.
The Ministry of Justice's own consultation explains the limits. A civil court dealing with a cohabitant's property claim can't award maintenance, can't divide pensions and can't order a lump sum the way a family court can on divorce. If the house is in one partner's sole name and the other paid towards bills for years, that second partner may end up with little or nothing.
Money for the children
Children are protected whether or not their parents were married. Child maintenance works the same way for every separated parent, and you can arrange it privately or through the Child Maintenance Service. Our guide on how the Child Maintenance Service works explains the steps.
On top of that, a parent can ask the family court for financial help for a child under Schedule 1 of the Children Act 1989. This can cover things like a home for the child to live in until they grow up, a lump sum for a specific need, or school fees. It's for the child's benefit, not the parent's, and it's mostly used by unmarried parents. We explain how it works in our guide to making a Schedule 1 application.
When a partner dies
If your partner dies without a will, you don't automatically inherit anything as an unmarried partner. Married partners and civil partners do. You can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 if you lived together as if you were married or civil partners for the two years just before the death, or if your partner was maintaining you. Even then, a cohabitant can only claim what's reasonable for their maintenance, which is a lower standard than a spouse gets.
What has the government proposed, and when?
On 5 June 2026 the Ministry of Justice published a consultation called "A fairer end to relationships". It covered three things: money on divorce and dissolution, financial claims for cohabiting couples when they separate, and inheritance for cohabitants when a partner dies. It applied to England and Wales and closed on 14 August 2026.
GOV.UK says the government is analysing the feedback. No government response has been published yet, and the consultation says any legislation will come "when parliamentary time allows". There's no government bill and no start date.
Here's what the consultation proposed for cohabiting couples who separate:
Who would qualify: adults in a long-term, committed relationship who have lived together for at least three years, or who live together and have a child together. A court would also need to be satisfied it was an enduring family relationship.
Opting out: the new rules would apply automatically, but a couple could opt out if both partners agreed.
The starting point: each person keeps what they legally own. The court would only move away from that to meet certain defined needs.
Narrower than divorce: needs would be judged more narrowly than on divorce, and a cohabitant couldn't get a better outcome than a married person in a similar position.
Maintenance: ongoing payments to an ex-partner would be limited to exceptional, time-limited cases, for example long-term ill health, with a strong focus on a clean break.
Children first: the children's welfare would be the court's first consideration.
For bereaved partners, the consultation proposed that qualifying cohabitants would inherit automatically if their partner died without a will, subject to a clear definition and a minimum length of relationship. It also asked whether the two-year rule for claims under the 1975 Act should be removed where the couple had children together.
Separately, a private member's bill, the Cohabitation Rights Bill, was introduced in the House of Lords for the 2026 to 2027 session and debated there on 17 July 2026. It's still at an early stage in the Lords. It's not a government bill, and private members' bills often don't become law, so it doesn't change anything on its own.
What do the plans mean for married couples too?
The same consultation looked at money on divorce. It proposed writing the main principles into law, with sharing as the starting point for matrimonial property and needs met where sharing isn't enough. It also proposed that pre-nups and post-nups could become binding if they meet set conditions. If you're thinking about one now, our guide on whether a postnuptial agreement is legally binding in the UK explains where the law stands today.
The government's announcement also said the consultation would look at whether courts should give more weight to domestic abuse, including coercive control and economic abuse, when deciding finances for married and unmarried couples. Again, these are proposals, not law.
What does this mean for you?
For now, plan on the basis of today's law, not the proposals. Nobody knows yet what the final rules will look like, when they'll start, or whether they'll apply to couples who split up before then.
Some practical steps if you live together, or you're separating:
Check how your home is owned. Look at the deeds or the Land Registry title. Joint tenants and tenants in common are treated differently, and a written declaration of trust can record who owns what share.
Keep records. If you've paid towards a deposit, mortgage or building work, keep bank statements and messages. They can matter in a property dispute.
Make a will. As things stand, it's the main way to make sure an unmarried partner inherits.
Sort out the children's money first. Child maintenance and a Schedule 1 claim are available whether or not you were married.
Think about a living together agreement. It isn't automatically binding, but it can show what you both intended.
Try to agree. Mediation can help unmarried couples as well as married ones. Our guide on family mediation and MIAMs explains what happens.
For example, if a couple have lived together for eight years in a flat in the father's sole name, and the mother has paid half the bills and cared for their two children, today's law won't divide the flat simply because they were together a long time. The mother would usually need to show a share under trust law, or ask for money and housing for the children through child maintenance and Schedule 1. The same would apply if the roles were reversed. Under the proposals, she might have a wider claim, but only if the law changes and it covers her case.
If you're a father who isn't married to the mother, your rights to be involved with your child don't depend on marriage either. Under section 4 of the Children Act 1989, parental responsibility usually comes from being named on the birth certificate (for children born since 1 December 2003), a parental responsibility agreement or a court order. Our guide to what rights fathers have in the UK covers this in more detail.
Can I stay in the home if we split up?
Ownership and the right to stay aren't the same thing. If you're not on the deeds or the tenancy, you may still be able to stay for a while in some situations. The family court can make an occupation order, which is often used where there's abuse, and cohabitants can apply in some cases. Our guide on what an occupation order is explains who can apply.
If you're leaving because of controlling behaviour, it may help to read our guides on what coercive control is in UK law and the legal definition of domestic abuse. Both apply to unmarried couples as much as married ones.
Frequently asked questions
Is there such a thing as common law marriage in England?
No. GOV.UK confirms that "common law marriages" don't exist in England and Wales, however long a couple has lived together and even if they have children.
What are unmarried couples' rights to the house when they split up?
An unmarried couple's rights to the house depend mainly on who owns it and on trust law under the Trusts of Land and Appointment of Trustees Act 1996. A court can declare shares and order a sale, but it can't award maintenance or divide pensions.
Can I claim maintenance from my ex if we weren't married?
Not for yourself under the current law in England and Wales. You can claim child maintenance for your children, and a parent can apply under Schedule 1 of the Children Act 1989 for a home or lump sum for the child.
Do I inherit if my unmarried partner dies without a will?
Not automatically. You may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you lived together as a couple for the two years before the death, or your partner was maintaining you.
When will the new cohabitation rights come in?
There's no date. The "A fairer end to relationships" consultation closed on 14 August 2026, the government is analysing the responses, and it says any legislation will follow when parliamentary time allows.
Do the plans apply in Scotland?
No. The consultation covers England and Wales only. Scotland has its own separate rules for cohabiting couples.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you understand your options, prepare paperwork such as a C100 or a Schedule 1 application, and get organised for mediation or court. Email help@incourt.co.uk or use the contact form on our website. You can also read what our clients say in our Google reviews.
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Sources
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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