Cohabiting couples: what you are entitled to when you split

There is no common law marriage. What unmarried partners can and cannot claim when a relationship ends.

Updated 19 August 2026·6 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

Common law marriage does not exist in England & Wales. Living together for decades gives you no automatic claim on your partner's property, pension or income.

What you may be able to claim

  • A share in property under trust law, if you contributed or there was a shared intention.
  • Child maintenance for any children.
  • Provision for a child's housing in limited circumstances under Schedule 1 of the Children Act.

What you cannot claim

  • Spousal maintenance.
  • A share of a pension.
  • An automatic half of the family home.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

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Frequently asked questions

Does being on the mortgage help? ▼

Being on the legal title and stating the shares in a declaration of trust is the strongest protection.

Do I inherit if my partner dies? ▼

Not automatically. Without a will, an unmarried partner may have to bring a claim.

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