Cohabitation—living together without being married—is an increasingly popular choice for many couples in the UK. In fact, the number of cohabiting couples has doubled in the past two decades. As with any major life decision, it’s important to understand both the potential benefits and possible drawbacks before deciding to cohabit.
One of the most common reasons for choosing to cohabit is to share living expenses. Splitting costs such as rent, mortgage payments, utility bills, and food can provide significant savings compared to living alone. Having fewer financial pressures can, in many cases, reduce stress and leave couples with more disposable income for other priorities or goals.
Living together before marriage can help partners learn about each other’s habits, values, and preferences in a more realistic, day-to-day way. This “trial run” can highlight any significant differences and allow couples to work on them together, potentially strengthening their relationship before making a more formal commitment.
Unlike marriage, which comes with formal legal and financial obligations, cohabitation offers more flexibility. If a couple decides they are no longer compatible, they may find it simpler to separate—although practical arrangements such as dividing up jointly owned property can still be complex (see more below).
For many couples, cohabitation fosters emotional intimacy and communication, as they learn to navigate domestic life together. By sharing a home, couples often develop deeper trust and understanding, building a stronger foundation for the future.
A key distinction between married and cohabiting couples in the UK is the difference in legal rights and protections. Although there are some limited rights for cohabitees—such as making certain financial claims or seeking child maintenance—there is no equivalent legal status to “common law marriage.” This means cohabiting couples do not benefit from the same level of security when it comes to issues like inheritance, pensions, and spousal maintenance if they decide to separate.
If a relationship ends, cohabiting couples can face complicated issues regarding property ownership. For instance, if a home is owned by just one partner, the other may lack clear legal rights to remain in or claim a share of the property, even if they have contributed financially. Resolving these disputes might require legal proceedings under trust and land law, which can be both stressful and expensive.
If one partner dies without a valid will, the other is not automatically recognised as a beneficiary. Under the rules of intestacy, cohabiting partners usually do not inherit, unlike a married spouse. Couples must create a legally binding will if they wish to ensure their partner is provided for in the event of death.
For some, the relative informality of cohabitation may bring a sense of freedom; for others, it can lead to uncertainty about the future, leading to disagreements if one partner wants a more formal arrangement (such as marriage) and the other prefers to remain unmarried.
Although “common law marriage” is not recognised in the UK, there are still some legal avenues cohabiting couples can explore:
Have Open Discussions
Talk openly about finances, living arrangements, and expectations for the future. Transparency helps avoid unexpected conflicts later on.
Consider a Cohabitation Agreement
This formal document can protect both parties by setting out how assets and finances should be handled and what happens if the relationship ends.
Write a Will
Without a valid will, a surviving cohabitant is not automatically entitled to inherit. Ensure that each partner’s wishes are clearly documented to avoid complications if one partner dies.
Plan for Children
If you have or plan to have children, be aware of both parents’ legal responsibilities and child custody arrangements. Regardless of marital status, the courts prioritise the child’s welfare if disputes arise.
Seek Professional Advice
If you have concerns or are unsure about your rights as a cohabiting couple, consider speaking to a solicitor experienced in cohabitation law.
If you are considering cohabitation or need legal advice on cohabitation issues, HM & Co. Solicitors is here to help. Our team of experienced cohabitation lawyers can guide you through the complexities of UK law, ensuring you and your partner have the right legal framework to protect your interests and future.
Cohabiting can help reduce living costs, as you and your partner can share expenses such as rent, utilities, and groceries. In many instances, couples who live together also develop a stronger bond and sense of commitment than those who only date without sharing a home.
By living under the same roof, couples gain a realistic understanding of each other’s habits, personalities, and day-to-day routines. This can be incredibly helpful in determining whether they are truly compatible before making a long-term commitment like marriage.
No. Unlike married couples, cohabiting partners do not benefit from the same level of legal protection. They typically lack the automatic right to inherit a partner’s assets or receive a partner’s pension in the event of death, and may also face complications if one partner needs to make medical decisions on the other’s behalf.
While sharing a home may reduce your overall costs, it can also create financial disagreements if partners find it difficult to manage or separate their finances. Lack of clarity about who is responsible for which bills or how joint purchases should be handled can lead to arguments and stress.
Cohabiting can blur personal boundaries, as you share a living space and daily routines. This may result in conflicts over privacy, individual habits, or personal space. Additionally, partners may face heightened emotional pressures if they have different expectations about the relationship’s future or level of commitment.
It is often wise for unmarried couples who plan to live together to consider formalising certain arrangements, such as a cohabitation agreement or a Declaration of Trust for property. Consulting with a legal professional can help clarify each partner’s rights and responsibilities, minimising the likelihood of disputes later.
Need More Guidance?
If you have questions about cohabitation or need further advice tailored to your situation, speaking to a solicitor who specialises in cohabitation law is recommended. This ensures you fully understand your legal position and the best ways to protect yourself and your partner.
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