Many couples assume that simply living together gives them the same legal rights as marriage or a civil partnership.
In reality, there’s no such thing as a “common law spouse” – a myth that can leave cohabiting couples exposed, vulnerable, and unprotected.
Our research shows that more than one in three Brits (36%) believe couples who live together should have the same inheritance rights as married or civil partners. Yet despite 3.6 million couples living together in the UK – a number that soared in the past 25 years – the law does not grant automatic rights if one partner dies without a will.
In areas like Brighton & Hove, where high property prices and long-term renting make living together a practical choice for many, this misunderstanding is particularly common.
The legal reality
Living together doesn’t automatically grant the same legal rights as marriage or civil partnerships.
Many cohabiting couples assume their shared homes, finances, and children automatically provide legal protection, but this isn’t the case under English and Welsh law. No matter how long a couple has been living together or how deeply their lives are intertwined, cohabitation offers none of the automatic rights that marriage or a civil partnership provides.
This can come as a harsh and unfair reality – particularly when a relationship breaks down or one partner dies unexpectedly.
The common law myth
One of the most persistent myths is the idea of a “common law spouse” and our research highlights how deeply ingrained this belief still is. Three out of five of the UK’s largest price comparison websites allow users to select “common law spouse” as a relationship status, despite the term having no legal meaning under English and Welsh law.
These websites attract an estimated 22 million visits each month and the language they use reinforces the false belief that cohabiting couples are automatically granted legal protections similar to marriage.
What happens when things go wrong?
When a relationship ends or a partner dies without a will, unmarried couples can face serious financial and emotional distress.
Many partners contribute to shared homes – paying mortgages, covering bills, or investing in property – without the legal protection that marriage provides.
Without a formal cohabitation agreement, these contributions may not be recognised by law in the same clear or predictable way they would be for married couples or civil partners.
For example, a partner may have contributed to mortgage payments on a property they did not legally own, believing it guaranteed them an interest. In some cases, they may have invested capital in a property that was in their partner’s sole name.
In other situations, people have assumed they are entitled to a form of maintenance as a “common law spouse”. In reality, the law provides support only for any children from that relationship, leaving the partner personally unprotected.
There is a real risk that people may make major financial decisions based on this mistaken belief in a mythical status, exposing themselves to significant financial insecurity and even litigation.
If a partner dies without a will, intestacy rules apply and the surviving cohabitee has no automatic right to inherit. Factors such as the length of the relationship, shared children, or financial dependence do not change that position.
Protecting your rights
Getting married isn’t for everyone and living together can provide a financially practical option for many couples, particularly in today’s cost-of-living climate.
However, it is vital to put legal protections in place in case a relationship ends.
A cohabitation agreement, which sets out what will happen to joint and separate assets in the event of a break-up, should be a top priority for any unmarried couple planning to move in together.
This is especially important if the property is in one partner’s name or if children are involved, as protecting your wealth provides security and helps safeguard their future.
Making a will is equally important. A will ensures that a partner is provided for according to your wishes, which is particularly crucial where children or significant assets are involved.
Looking ahead with confidence
Cohabitation is now an established part of modern family life, but living together does not automatically confer legal rights.
Planning ahead provides clarity and security. By drawing up a cohabitation agreement and making a will, couples can protect themselves from unnecessary legal and financial stress down the line.
While the law has yet to reflect the realities of modern relationships, cohabiting couples can take control by planning ahead.
Much like taking out an insurance policy, it’s something you hope you’ll never need, but you’ll be glad it’s there if the unexpected happens.
Marwa Hadi-Barnes is a partner and family law specialist at Mayo Wynne Baxter
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