Cohabiting Couples and the Law: What the 2026 Reforms Could Change

Claire Andrews

If you live with your partner but are not married, you may believe that years of living together give you legal rights similar to a married couple. This is one of the most persistent myths in family law. There is no such thing as “common law marriage” in England and Wales, and the law currently gives cohabiting couples very little protection if they separate or if one partner dies.

That may be about to change. In June 2026 the government opened a consultation that could, for the first time, give unmarried couples legal rights on separation and on death. With more than 3.5 million couples in England and Wales now living together without marrying, the reforms would affect a very large number of families.

This article explains what rights cohabiting couples have now, what the government is proposing, and the practical steps you can take to protect yourself today. The reforms are still only proposals, so the law has not changed yet.

Why cohabiting couples have so little protection today

The law gives unmarried couples far less than most people expect. No matter how long you have lived together, you do not automatically acquire rights to your partner’s income, savings, pension or property. Our guide to the rights of unmarried partners sets out the full position, but in short, if you separate:

• You have no automatic right to a share of property owned in your partner’s sole name, even if you contributed to the household.
• You cannot claim maintenance for yourself, only child maintenance if you have children together.
• You have no claim on your partner’s pension.

Disputes over a shared home are instead dealt with under trust law, mainly the Trusts of Land and Appointments of Trustees Act 1996, known as TOLATA. These claims are complex, expensive and far less generous than the financial remedies available to married couples on divorce. From September 2026, schools will also start teaching that “common law marriage” is a myth.

What is the government proposing for cohabiting couples?

The Ministry of Justice consultation, called “A fairer end to relationships”, opened on 5 June 2026 and closes on 14 August 2026. Alongside reforms to divorce law, it proposes a new legal framework giving cohabiting couples financial rights when they separate, and inheritance rights if a partner dies.

The framework is deliberately more limited than the rights married couples have. The aim is to provide a basic safety net for people who have shared their lives, without treating cohabitation as identical to marriage. Importantly, the proposals say cohabitants should not be able to achieve a better outcome than a married couple in similar circumstances.

Who would be covered by the new rules?

Under the proposals, the framework would apply automatically to couples who meet certain conditions. You would be covered if you:

• have lived together for at least three years, or
• live together and share a child.

The relationship would also need to be a committed one rather than, for example, two friends sharing a house. Couples who do not want the framework to apply would be able to opt out by agreement, much as couples can use a prenuptial agreement before marriage.

What could you claim if you separate?

The proposed remedies are narrower than those available on divorce. The likely starting point is that each person keeps what they legally own, with the court stepping in only to meet defined needs rather than to share assets equally.

Key features of the proposed scheme include:

• A focus on a clean break, ending financial ties between the couple as soon as it is fair to do so.
• Needs assessed more narrowly than on divorce.
• Maintenance limited to exceptional and time-limited situations, such as a long-term health problem.
• The needs of any children coming first.

In short, the reforms would offer a safety net rather than an equal split. They are designed to prevent serious unfairness, for example where one partner gave up a career to raise children or supported the other’s business, rather than to give cohabitants the full range of claims a spouse has. If you have children and are separating from a partner you were not married to, our guide on splitting up when you are unmarried with children explains where you stand under the current law.

What happens if your partner dies?

This is one of the most important parts of the reform. At present, if your partner dies without a will, you inherit nothing automatically under the intestacy rules, however long you were together. Many bereaved partners have been left in a very difficult position as a result, sometimes having to bring a court claim simply to remain in their home.

The consultation proposes giving qualifying cohabitants the right to inherit automatically where their partner dies without a valid will, and the right to deal with the estate. This would bring the position of long-term cohabitants closer to that of married couples and civil partners.

A view from our family team

Claire Andrews, a partner in our family law team, gave us her view on what the reforms could mean for unmarried couples:

This consultation is a long time coming and a necessity to bring the law in line with our modern society.

The current law surrounding unmarried couples is extremely outdated and inadequate. I have a client who has a young child with her ex-partner, to whom she was not married, and her claims against him are extremely limited, despite him being very financially well off. If they did not have a child, then she would have no claims at all.

My concern in respect of unmarried couples and their rights is that there will be ‘a distinct and different set of rights from married couples, helping preserve the sanctity of marriage’, but does that really reflect modern society? I question why married couples should have a different set of rights to a couple who have lived together for, say, three years, perhaps have children, perhaps don’t, but where they are simply choosing not to get married. There are many reasons parties choose not to get married, but I question if they should be at all prejudiced by this decision.

Claire Andrews, Partner, Osbornes Law

What you can do now to protect yourself

You do not have to wait for the law to change. There are clear steps you can take today to protect yourself and your partner.

• Make a cohabitation agreement. This records what you have agreed about property, finances and what happens if you separate. Our guide to cohabitation agreements explains how they work.
• Make a will. This is the single most important step for unmarried couples. Without a will, your partner may inherit nothing if you die. A will lets you provide for them now, regardless of any future reform.
• Sort out how you own your home. If you own property together, a declaration of trust sets out each person’s share and can prevent costly disputes later.

Taking these steps now gives you certainty, whatever happens with the proposed reforms.

When could the changes become law?

It is too early to say. The consultation closes on 14 August 2026, after which the government will consider the responses before deciding how to proceed. Any new law would then need to pass through Parliament, so meaningful change is unlikely to arrive quickly. For now, the existing law continues to apply, which is exactly why putting your own protections in place matters.

How we can help

Our family law team advises unmarried couples on cohabitation agreements, property disputes and separation, and works alongside our private client team on wills and estate planning. We give clear, practical advice on protecting your home, your finances and your family, both under the law as it stands and with the proposed reforms in mind.

To speak to one of our cohabitation lawyers, call us on 020 7485 8811 or fill in the contact form below.

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