‘Common law marriage’ myth costing couples dearly – and women are paying the highest price
By Professor Sukhninder Panesar, Head of Law, Buckinghamshire New University
Millions of couples in the UK are living under a dangerous legal illusion – and many won’t realise until it is too late.
More than 6.5 million people in the UK now live together without being married or in a civil partnership. Cohabitation is no longer unusual – it’s a normal part of modern family life.
But the law has not caught up.
And the result is a growing number of people left exposed when relationships break down.
The myth that refuses to die
One of the most persistent misconceptions in English law is the idea of the “common law marriage”.
It simply does not exist.
Yet many couples believe living together for years – even decades – gives them similar protections as married couples. It does not.
And when those relationships end – the consequences can be financially devastating.
A system that leaves couples exposed
When married couples separate, there is a clear legal framework to divide assets and ensure fairness.
Cohabiting couples have no such protection.
Instead, they are forced into complex and costly legal disputes based on property law – a system never designed to deal with family relationships.
The family home – a commercial law mismatch
The family home is often where the shock hits hardest. Because there is no specific “cohabitation law”, judges are forced to rely on Trust Law - a system originally designed in a social and family context, now operating in commercial land deals and business arrangements.
If a property is in one partner’s name – the law treats the other as a legal stranger unless they can prove a “common intention” to share it. In court, years spent building a life together often count for less than a single bank transfer.
Proving a claim can mean lengthy court battles, uncertain outcomes and significant legal costs.
Hidden risks many never see coming
The dangers go beyond just property.
Cohabiting couples have no automatic right to:
- A partner’s pension
- Financial support after separation
- Inheritance if a partner dies without a will.
For many, these realities only become clear at the worst possible moment – when the relationship has already broken down or a partner has died.
Women are paying the highest price
While anyone can be affected, the impact is most often felt sharpest by women.
Particularly those who have taken time out of work to raise children or support the household.
In many cases, those contributions carry little or no legal weight.
That means someone can spend years building a family and home – only to walk away with nothing.
Reform: all chat little action
There have long been calls to update the law to reflect modern relationships.
And while the issue has been raised again politically, progress remains slow.
Despite a packed legislative agenda, cohabitation reform was nowhere to be seen in the King’s Speech – a glaring omission for an issue affecting millions.
What needs to change
First, there needs to be far greater awareness.
Couples should not be allowed to enter into major life decisions – like buying a home together – without clear warnings of their legal position.
There is a strong case for automatic legal prompts during property purchases – ensuring people understand exactly where they stand.
But awareness alone is not enough. We need systemic change.
The Solicitors Regulation Authority (SRA) should introduce a mandatory regulatory trigger during the conveyancing process.
Just as solicitors are required to verify the source of funds to prevent money laundering, they should be required to issue a formal "cohabitation warning" to any unmarried couple purchasing a home.
At the very least, we should not allow couples to enter the biggest financial commitment of their lives under a legal illusion. A mandatory requirement to sign a “Declaration of Trust” or a simple acknowledgement of their lack of rights would shatter the “common law” myth before the keys are even handed over.
Without reform – the system will continue to produce outcomes many consider to be fundamentally unfair.
The bottom line
Cohabitation is a normal part of modern life. But the law is anything but modern.
Until that changes, millions of couples will continue to rely on assumptions that are not true and risk paying a very high price when reality catches up with them.