The legal rights of unmarried couples living together
Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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Unmarried couples do not have the same legal protections as married couples. This can come as a surprise when relationships end, particularly where children or property are involved. Unmarried couples have different legal rights to married couples if you have children or buy a house together.
Our family law solicitors provide legal services for unmarried couples living together (see our guide here), which include cohabitation agreements and advice about parental rights. Cohabitation agreements can help protect you and your children in the event of separation.
If the relationship ends, our experienced family law team can help you through the issues, and make sure you and your children are protected. We can help resolve issues around maintenance and ensure that maintenance is paid if this becomes a problem.
Our approach is calm and pragmatic, helping you resolve disputes efficiently and put stable arrangements in place for the future.
Tees is a top-tier Legal 500 firm offering comprehensive family law services, including arbitration, divorce mediation, court representation, and prenuptial/postnuptial agreements. We serve a wide range of clients, from high-net-worth individuals to those with simpler needs, with expertise in the agricultural sector. Our in-house, FCA-regulated financial advisers work closely with our lawyers to provide seamless, accountable advice.
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The issues our family lawyers can help you with include:
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Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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Property disputes between unmarried couples are resolved under trust and property law, rather than divorce law.
The court will consider:
The legal ownership recorded at the Land Registry
Evidence of financial contributions (deposit, mortgage, renovations)
Any clear agreements or understandings between you
These claims are often brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). They can be legally and evidentially complex, particularly where contributions were indirect (for example, paying household bills while the other partner paid the mortgage).
Early legal advice can help clarify your position and, in many cases, support negotiated settlement without the need for court proceedings.
When unmarried parents separate, the law focuses on the child’s welfare above all else.
Parents are encouraged to agree arrangements for:
Where the child will live
How much time they will spend with each parent
Schooling and key decisions
If agreement cannot be reached, either parent can apply to the court for a Child Arrangements Order.
Importantly, parental rights and responsibilities concerning children are separate from financial or property rights between unmarried couples.
Yes. Financial support for children is not affected by marital status.
The Child Maintenance Service (CMS) can assess and collect child maintenance from the non-resident parent. This is calculated using a statutory formula based primarily on income and the number of nights the child spends with each parent.
In certain circumstances — for example, where there are school fees, housing needs, or significant assets — additional claims may be made through the court under Schedule 1 of the Children Act 1989.
A Declaration of Trust is a legal document that records how a property is owned between cohabiting partners.
It can confirm:
The percentage shares each party owns
How sale proceeds will be divided
How deposits or unequal contributions are protected
For unmarried couples buying property together, particularly where contributions are unequal, a Declaration of Trust provides clarity and significantly reduces the risk of dispute if the relationship ends.
No. The length of time you have lived together does not automatically create legal rights similar to marriage.
While long-term cohabitation may strengthen certain arguments in property disputes (depending on evidence), there is no fixed period after which legal rights arise.
This is why proactive planning, including cohabitation agreements, wills and clear ownership documentation, is so important for unmarried couples.
You should consider taking legal advice if:
You are buying a property together
One partner is moving into a property owned by the other
You are separating and unsure of your rights
There is a dispute about property or finances
You have children and need clarity on arrangements
Seeking advice early can prevent misunderstandings and protect your long-term financial security.
At Tees, we provide clear, practical guidance to unmarried couples at every stage — whether you are planning for the future or navigating separation.
