The Myth of the ‘Common Law’ Husband or Wife
Cohabitation and the Myth of the ‘Common Law’ Husband or Wife
Even in 2025 there remains a large proportion of people who think that there is ‘common law marriage’. Unfortunately, people find out this isn’t the case, just when they are separating and asking what their financial rights are.
I need to be clear, in England & Wales there is no such thing as a “common law marriage”. This idea arose out of the misconceived idea that couples who have lived together for a certain number of years would automatically acquire the same legal rights as married couples. It’s a myth, and a rather insidious persistent one at that. It can, after all, have long term, very serious consequences.
What Is Cohabitation?
Cohabitation simply means living together as a couple without being married or in a civil partnership. It’s increasingly common: cohabiting couples are now the fastest-growing family type in the UK. Unfortunately for those that choose this route, the law has not kept pace and therefore doesn’t recognise this type of relationship in the same way as it does marriage/CP.
The ‘Common Law Marriage’ Myth
Many people assume that if they’ve lived with their partner for a long time (for some they think it is as little as two years) especially if they have children or share a home, that they become a “common law husband or wife.” There is no legal standing to this term in England and Wales.
Living together does not give you automatic rights to:
Even if you’ve contributed to household bills or raised children together, you may have no legal claim unless your name is on the property title or you can prove a specific financial agreement.
Property and Financial Risks
If the home is in one partner’s name, the other may have no right to stay or claim a share if the relationship breaks down. Claims can sometimes be made under trust law, such as constructive trusts or proprietary estoppel, but these are complex, costly, and uncertain. There is potential to gain more time to remain in the home via an occupation order, but this does not confer ownership in any way.
Similarly, if one partner dies without a will, the surviving partner may inherit nothing, even if they’ve lived together for decades.
Reform is probably needed in these modern times, in order to take into account the different types of family set up. But until that occurs, parties need to make sure they are legally aware of the limitations of cohabitation law, and consider whether marriage or civil partnership suits their needs better.
There are some ways to protect yourself if you choose to cohabit, contact us to discuss your options.
Lea Christiaanson, 24th July 2025