There is no legal status called common law marriage in England and Wales, however long a couple has lived together. Citizens Advice describes “common-law partner” as informal terminology only, not a legal category, and says a cohabiting couple generally has fewer automatic rights than a married couple or civil partners if the relationship ends. This guide covers England and Wales; Scotland has its own cohabitation law under the Family Law (Scotland) Act 2006, and Northern Ireland has a separate legal system.
Why the “common law marriage” myth matters
Because no such status exists, living together for any length of time does not by itself create a right to maintenance from a partner, an automatic share in a home owned by the other partner, or automatic inheritance rights. Citizens Advice is explicit that unmarried partners have no legal duty to support each other financially. Every property question is instead decided by ordinary property and trust law, which looks at legal ownership, financial contributions and any agreements made, not at the length or nature of the relationship.
Sole ownership: the beneficial interest problem
Where a home is registered in one partner’s sole name, the other partner has no automatic right to stay or to a share of its value. Citizens Advice says that partner may still be able to establish a “beneficial interest” by showing a financial contribution to the property, such as paying towards the deposit, mortgage or major improvements, or by showing there was a shared understanding that ownership would be split even though only one name is on the title. Establishing a beneficial interest where there is no written agreement is fact-heavy and often disputed, because it depends on conversations and contributions that may have happened years earlier and are hard to evidence.
Joint ownership: a different starting point
Where both partners are on the legal title, Citizens Advice says both generally have equal rights to remain in the property, though the exact shares can still be disputed and a court can be asked to resolve disagreements about occupation or sale. Joint legal owners are usually presumed to hold the beneficial interest in equal shares unless there is a declaration of trust or other evidence setting out different proportions, for example where one partner put in a larger deposit and both intended their shares to reflect that.
Making a claim under the Trusts of Land and Appointment of Trustees Act 1996
Where a dispute cannot be resolved by agreement, section 14 of the Trusts of Land and Appointment of Trustees Act 1996 lets a trustee of land, or anyone with an interest in property subject to a trust of land, apply to the court for an order. The court’s powers under section 14 include making orders about how trustees exercise their functions and declaring the nature or extent of a person’s interest in the trust property. This is the route generally referred to as a TOLATA claim. Section 14 does not create new financial rights between unmarried partners in the way that divorce law does between spouses; it is a mechanism for the court to work out and enforce existing property and trust interests, based on legal ownership, contributions and agreements. It cannot order one partner to pay maintenance to the other, and it cannot redistribute assets on the basis of fairness alone in the way a family court can on divorce.
Cohabitation contracts and declarations of trust
Citizens Advice notes that couples can formalise their position with a cohabitation contract, sometimes called a living together agreement, setting out how property, savings and bills will be dealt with during the relationship and if it ends. For a jointly owned home, a declaration of trust recording each partner’s contribution and intended share is a more direct way of avoiding a dispute over beneficial interest later. Neither document is compulsory, but both reduce the scope for the factual dispute a TOLATA claim exists to resolve.
Other financial consequences of not being married
Citizens Advice highlights two further consequences. First, if a partner dies without a will, the surviving partner does not automatically inherit anything unless the couple owned property jointly, regardless of how long they lived together; a will, or in some cases a claim under separate inheritance legislation, is needed to protect a surviving partner. Second, cohabiting partners do not receive the inheritance tax exemptions available to married couples and civil partners on assets passing between them. These are separate issues from a TOLATA claim, but they commonly arise alongside a property dispute when a relationship ends through separation or death.
FAQs
Does living together for a long time create marriage-like rights?
No. Citizens Advice confirms there is no common law marriage in England and Wales, regardless of how long a couple has lived together or whether they have children.
Can a partner with no name on the property title still get a share?
Possibly, by establishing a beneficial interest through financial contributions or a shared understanding about ownership, then asking the court to confirm that interest under section 14 of the 1996 Act if it is disputed.
Can a TOLATA claim order maintenance payments between partners?
No. Section 14 deals with property and trust interests, not maintenance; unmarried partners have no automatic legal duty to support each other financially.
Does a joint mortgage mean an automatic 50/50 split?
Not necessarily. Joint legal owners are generally presumed to hold equal beneficial shares, but a declaration of trust or other evidence can show the shares were intended to be different.
Bottom line
In England and Wales, unmarried partners rely on ordinary property and trust law, not family law, when a relationship involving shared property ends. A section 14 application under the Trusts of Land and Appointment of Trustees Act 1996 lets the court resolve a disputed beneficial interest, but it does not create new rights the way divorce law does for spouses. A cohabitation contract or a declaration of trust, made while the relationship is stable, is the most reliable way to avoid a dispute over informal contributions and understandings later. This article is general information, not legal advice on a specific property; a solicitor specialising in cohabitation or property disputes can advise on an individual case.