Common law partners and the law

There is no common law marriage

People often call an unmarried partner a "common law" husband, wife or partner, but the Ministry of Justice says there is no legal status of common law marriage in England and Wales, regardless of how long a couple has lived together or whether they have children^[1]. It calls the belief that living together gives you married couples' rights the "common law marriage myth"^[1].

Almost half of people in England and Wales (47%) believe such a status exists, the government's June 2026 consultation says^[1]. The House of Commons Library says cohabiting couples have legal protection in some areas, such as the law on domestic abuse, but cohabitation gives no general legal status to a couple^[1].

Advicenow says there is no common law marriage in England and Wales however long you have lived together, and that separating partners need to agree how to divide joint money, joint debts and property^[6].

Your home if you split up

Under section 14 of the 1996 Act, anyone with an interest in property held on trust can ask the court for an order, including one declaring how big each person's share is^[2]. The court's powers are largely limited to deciding who owns what and ordering a sale^[2].

Advicenow says a partner living in a home the other owns alone has no automatic right to a share, unless they can show, for example, a shared intention that they would own a share and that they acted to their disadvantage because of it, or that they contributed to the purchase price, mortgage or major building work; these cases usually go to the civil court, not the family court^[6].

Inheritance for unmarried partners

If your partner dies without a will, you have no automatic right to inherit, however long you were together and whether or not you had children, the government says^[4].

You can ask the court for reasonable financial provision from the estate if you lived with your partner in the same household, as if you were married or civil partners, for the whole of the 2 years before they died^[4]. For a cohabitant, that provision is limited to what is reasonable for your maintenance; a husband, wife or civil partner is not limited in that way^[4]. If you lived together for less time, you may still claim if your partner was maintaining you^[4].

MIAMs and mediation for unmarried couples

The MIAM requirement applies to the children and financial applications listed in Practice Direction 3A^[13]. It covers child arrangements orders and other section 8 orders, and financial provision for children under Schedule 1 to the Children Act 1989^[14][15]. Unless an exemption applies, you attend a MIAM before applying to court^[16].

See what is a MIAM and MIAM exemptions. A mediator can record what you agree in a Memorandum of Understanding, which is not legally binding^[17].

Scotland has a different law

In Scotland, the Family Law (Scotland) Act 2006 gives cohabitants limited claims^[19]. When the court decides whether someone was a cohabitant, it looks at how long they lived together, the nature of the relationship and their financial arrangements^[19].

A former cohabitant in Scotland can ask the court for a capital sum based on economic advantage and disadvantage, and for help with the economic burden of caring for their child; the claim must be made no later than 1 year after they stop living together^[19]. If a cohabitant dies without a will, the survivor can apply within 6 months of the death^[19]. See grandparents' rights in Scotland for other Scottish family law.