Living Together for Years? Are You Automatically in a Common Law Marriage?

Living Together for Years? Are You Automatically in a Common Law Marriage?

In the UK, there’s a widespread belief that couples who live together for a long time have the same legal status as married couples. This misconception is often referred to as “common law marriage.” However, common law marriage has no legal standing in the UK and hasn’t existed since the Marriage Act of 1753. Here’s what this means for cohabiting couples and why it’s crucial to understand the legal distinctions.

What is Common Law Marriage, and Why Doesn’t it Apply in the UK?

In some countries, “common law marriage” refers to a legal relationship that automatically grants unmarried, cohabiting couples rights similar to those of married couples after a certain period of time. However, the UK does not recognise common law marriage at all. Under current English law, no amount of time living together, sharing finances, or even having children together will automatically grant a couple the legal status of marriage.

  1. Property Rights: Cohabiting couples have no automatic right to a share of property owned by their partner. If you live in a home owned solely by your partner, you do not have a right to it if the relationship ends unless your name is on the title or you’ve made significant contributions to its value.
  2. Inheritance Rights: Unlike married couples, cohabitants have no automatic right to inherit from a partner who passes away without a will. If one partner dies intestate (without a will), the surviving partner may have no claim to their estate. This can be particularly problematic for long-term cohabiting couples who, like married couples, may have built a life together but lack the legal protections of marriage.
  3. Pension and Financial Support: Cohabiting partners have no right to a deceased partner’s state pension and may be ineligible for private pension benefits, even if they have children together. Additionally, there is no automatic right to financial support from a former partner if the relationship ends, regardless of how long they’ve been together.

Why the Law Leaves Cohabiting Couples Unprotected

The current laws on cohabitation have been criticised as outdated and unsuited to modern family structures. More people today are choosing to live together long-term without marrying, often for personal, cultural, or financial reasons. Despite these societal changes, the law continues to offer limited protections for these couples, who may find themselves without legal recourse in the event of a separation, death, or other significant life event.

How Cohabiting Couples Can Protect Themselves

Given these limitations, it’s essential for cohabiting couples to take steps to secure their rights and future. Here are some practical steps:

  1. Draft a Cohabitation Agreement: This legal document outlines each partner’s rights and responsibilities, covering areas such as property ownership, financial arrangements, and responsibilities if the relationship ends. While not as comprehensive as marriage, a cohabitation agreement can clarify financial matters.
  2. Make a Will: To avoid leaving a partner without inheritance rights, each partner should create a will clearly stating their wishes. This ensures that assets will be passed to the surviving partner, providing some financial security.
  3. Consider Life Insurance and Pension Beneficiary Nominations: Adding your partner as a beneficiary to life insurance policies and pensions can offer some financial support in the event of death. Check with pension providers about options for cohabiting partners, as policies vary.
  4. Own Property Jointly: If you buy property together, registering it in both names offers additional protection for the non-owning partner. Joint ownership arrangements, like joint tenancy or tenants in common, allow for shared rights and decision-making.

The Bottom Line

While long-term cohabiting relationships have become increasingly common, living together doesn’t automatically confer the same legal rights as marriage in the UK. Without legal protections, cohabiting partners may find themselves vulnerable if the relationship ends or one partner passes away. Until UK law is updated to reflect modern family dynamics, cohabiting couples should take proactive steps to safeguard their rights and protect their future.