Blog written by Sam Dickinson.

Many unmarried couples believe that living together for a certain period grants them legal rights similar to married couples. This is a myth. In England and Wales, there is no such thing as a common law marriage – no matter how long you’ve lived together. As a result, when unmarried couples separate, they don’t have automatic claims to each other’s property, finances, or pensions in the same way that married couples do. However, there are legal avenues available to protect an interest in property, through the Trusts of Land & Appointment of Trustees Act 1996 (TLATA).

If a property is jointly owned, the shares are typically determined by the title deeds. However, if one partner is the sole legal owner, the other may still have a claim if they can prove they have a beneficial interest in the property. This can arise when:

This is where TLATA comes into play, as it allows a non-owning partner to apply to the Court for recognition of their interest in the property.

The Trusts of Land & Appointment of Trustees Act 1996 enables Courts to determine property disputes between cohabiting couples. Under TLATA, a partner can apply to:

But, to succeed in a TLATA claim, the non-owning partner must provide evidence of financial contribution or other factors that indicate they were intended to have a share in the property. The Court will consider whether a resulting trust (based on financial contributions) or a constructive trust (based on a shared agreement or intention) exists.

What Evidence Supports a TLATA Claim?

The Court requires strong evidence to establish a beneficial interest in a property. This can include:

Direct Financial Contributions, i.e., paying towards the deposit, contributing to mortgage payments, or paying for substantial renovations that increase the property’s value.

Indirect Financial Contributions, i.e., covering household expenses while the legal owner pays the mortgage, or paying for major shared costs such as utility bills, council tax, or home insurance.

Express or Implied Agreements, i.e., written communications confirming shared ownership, oral assurances made by the legal owner stating that the non-owning partner would have a share in the home, or statements made to family members, friends, or financial institutions suggesting shared ownership.

Non-financial Contributions, i.e., carrying out extensive unpaid renovations or improvements, or acting as a homemaker in reliance on shared ownership – giving up a career or financial independence.

Does Cohabitation give me Rights to my partner’s Other Assets?

There is no automatic entitlement to a partner’s savings, pensions or inheritance, regardless of how long you have lived together.

TLATA claims only apply to property disputes. This means that unless assets are jointly owned or there is a clear legal agreement in place (such as a cohabitation agreement), an unmarried partner cannot claim a share of the other’s financial assets upon separation.

The one exception relates to claims made on behalf of children. Under Schedule 1 of the Children Act 1989, an unmarried parent can apply for financial provision from the other parent, which may include:

However, these claims are strictly for the child’s benefit, not for the personal gain of the parent.

If you are financially dependent on your partner, it’s important to understand that cohabitation does not provide the same financial protections as marriage. This is why taking steps to safeguard your interests before issues arise is beneficial.

If you’re unmarried and living with a partner, there are legal steps you can take to avoid disputes and protect your financial interest in the event of separation.

For example, a Cohabitation Agreement is a legally binding document that sets out who owns what how assets should be divided if the relationship ends. These set out:

Having this agreement in place prevents uncertainty and can significantly reduce legal disputes.

Alternatively, if you’re buying a property together, a Declaration of Trust might be a better option. A declaration of trust (or ‘trust deed’) formally records each person’s share of the property. This is particularly useful if one partner contributes more towards the deposit or mortgage. The document ensures each person’s financial stake is protected, preventing disputes in the future.

Talk to the experts

Choosing between divorce and judicial separation is deeply personal. For some, a fresh start is the priority; for others, preserving financial security while living separately is the best course of action. Whatever the decision, seeking legal advice early is critical. Our expert family solicitors are here to guide you every step of the way. We’ll understand your options, protect your assets, and ensure your financial future remains secure.

If you’re separating and worried about your financial stake in a home, or you’re interested in protecting yourself from future disputes, I can help. As a solicitor experienced in both civil litigation and family law, I bring a unique combination of expertise that provides a well-rounded approach to these matters. Whether it’s a TLATA claim you need assistance with, or interested in entering a cohabitation agreement, I can help protect your interests.

Contact the office today to arrange a consultation and take the next step towards securing future.

Please be aware that nothing in this article constitutes legal advice on which you should rely. This article is published for general information only and professional legal advice should always be sought before taking any action related to or relying on the content of this article. Our Terms apply to this article.