Marriage vs Cohabitation: Understanding Your Legal Rights

11 February 2026

Many couples assume that simply living together for years gives them the same legal protections as marriage. Unfortunately, this isn’t the case.

In this blog post, we outline the key legal differences between marriage, civil partnerships, and cohabitation, focusing on property, finances, pensions, and inheritance. Knowing your rights is essential if your relationship ends or if your partner passes away.

Property in One Partner’s Name – Can You Stay Living There?

Married or Civil Partnership
If you are married or in a civil partnership, you have a legal right to live in the family home, even if it’s solely in your spouse’s name. This right can be protected by registering a Home Rights Notice with the Land Registry, preventing the property from being sold or remortgaged without your consent.

Cohabiting Unmarried
Unmarried partners do not automatically have the right to stay in a property owned by their partner. You may apply to the Court for an Occupation Order, but this usually requires proving a beneficial interest in the property. These cases are often complex and fact specific.

Financial Interest in Property

Married or Civil Partnership
During divorce or dissolution, all matrimonial assets are considered, including property in one partner’s name. Courts aim to achieve a fair outcome based on financial contributions, housing needs, pensions, and children’s welfare.

Cohabiting Unmarried
There is no automatic entitlement. To make a claim, you must show financial contributions to the purchase price, mortgage, or substantial improvements, often alongside evidence of a shared intention to have a stake in the property. Resolving disputes in court can be complicated and costly.

Property Owned Jointly – Understanding Your Share

For both married and unmarried couples, ownership depends on how the property is held:

• Joint Tenants – usually treated as 50/50 ownership.
• Tenants in Common – can be equal or defined unequal shares (e.g., 60/40).

Check the Transfer Deed for legal confirmation.

Property Division on Separation

Married or Civil Partnership
Even with unequal legal shares, courts often start from a 50/50 division of matrimonial assets. However, they consider the overall financial situation, children, housing needs, and contributions to reach a fair outcome.

Cohabiting Unmarried
The division usually reflects the ownership shares in the Transfer Deed. Additional claims, such as contributions to mortgage payments or home improvements, may be possible under equitable accounting.

Spousal Maintenance

• Married/Civil Partnership: You may be entitled to spousal maintenance if there’s a significant income disparity and ongoing financial need.
• Unmarried Cohabitants: There is no legal right to spousal maintenance.

Pensions

Married or Civil Partnership

• You may be entitled to a widow’s or widower’s pension if your spouse dies.
• You could claim a share of your spouse’s pension upon divorce or dissolution, often offset against other assets.

Cohabiting Unmarried

• No automatic rights to your partner’s pension. You must be formally nominated, and this nomination can be changed at any time.

Children

Rights and responsibilities for children are the same, whether married or unmarried:

• Child maintenance can be claimed if children primarily live with you.
• Both parents must agree on living arrangements and time spent with each parent, or the Court can intervene.
• Parental responsibility and financial responsibility are separate from marital status.

If There Is No Will

Married or Civil Partnership
You are entitled to inherit under the rules of intestacy.

Cohabiting Unmarried
Without a Will, you have no automatic right to inherit, regardless of how long you’ve lived together - one of the biggest risks for cohabiting couples.

Protecting Your Position

If you are living together without being married, it is essential to consider:

• Cohabitation Agreement – clarifies financial rights and responsibilities.
• Declaration of Trust – protects property interests.
• Making a Will – ensures your partner can inherit as you wish.

If you are separating or want to safeguard your position, seeking early legal advice can make a significant difference.

Our experienced family and private client solicitors provide clear, practical guidance across Dorset tailored to your circumstances. Contact our offices to speak with a member of our team on 01202 294411 or go online: Contact Us AB Solicitors For Your Legal Needs

Further Information