Moving in together is an exciting milestone for any couple. Whether you are buying your first home as a couple or one of you is moving into a property the other already owns, it usually feels like the next natural step in your relationship.
What many couples do not realise, however, is that unmarried partners do not have the same legal protections in England and Wales as married couples or civil partners. Despite cohabiting couples becoming one of the most common family types in England and Wales, the legal position has not yet changed. There is still no such thing as ‘common law marriage,’ meaning that living together, even for decades, does not give you the same financial rights as marriage. Read our previous blog, ‘What Rights Do Cohabiting Couples Have?’ for more information.
Before moving in with your partner or buying property together, ensure you have asked the question: ‘Are we properly protected?’
In this blog, our family law team re-examines at the importance of cohabitation agreements and other crucial considerations for unmarried couples when buying a home.
The Truth About “Common Law Marriage”
There is still a common misconception that, if you live with someone long enough, you will gain legal rights similar to a spouse. Unfortunately, this is not the case. Although the government is expected to launch a consultation on cohabitation law reform in Spring 2026, the current legal framework remains the same. If you are not married or in a civil partnership, you do not automatically have:
- A right to your partner’s property.
- A right to financial support if you separate.
- A right to inherit if your partner dies without a Will.
These issues can become even more problematic where one partner has contributed more financially, taken time out of work to raise children, or moved into a property owned solely by the other person. Without proper planning or advice, the financially weaker partner can be left vulnerable.
Buying a Property Together – Why Ownership Details Matter
When you buy a home together, how the property is legally owned is crucial. There are two main ways to jointly own a property:
- Joint tenants – you both own the property equally. If one of you dies, the property automatically passes to the other.
- Tenants in common – you each own a defined share. Those shares can reflect different financial contributions. If one of you dies, their share does not automatically pass to the surviving owner(s); it passes according to their Will or intestacy rules if there is no Will.
If one of you is putting in a larger deposit or paying more towards the mortgage, that should be clearly recorded. Without written evidence, disagreements can quickly arise later about who owns what. These disputes are rarely simple and can be lengthy and costly to resolve.
What Is a Declaration of Trust?
A declaration of trust is a legal document that sets out exactly how a property is owned and what should happen in certain circumstances, such as if the relationship ends. It can confirm:
- The percentage share each partner owns.
- Who contributed what towards the deposit.
- How ongoing mortgage payments are handled.
- What happens if one partner wants to sell.
- How proceeds will be divided if the property is sold.
These documents are particularly helpful where contributions are unequal or where family members (such as parents) have provided financial support. Having a declaration of trust removes uncertainty and can prevent disputes from escalating in the future.
What Is a Cohabitation Agreement?
While a declaration of trust focuses specifically on property ownership, a cohabitation agreement includes broader legal agreements. It sets out how you intend to manage your finances and arrangements while living together, and what will happen if your relationship ends.
Cohabitation agreements can include:
- How household bills are shared.
- Ownership of savings and investments.
- Responsibility for debts.
- What happens to jointly purchased items.
- Arrangements if one partner stops working to care for children.
- Arrangements for pets.
A cohabitation agreement does not replicate the legal framework of marriage. However, when properly drafted, it provides clarity, some legal protection, and can significantly reduce the risk of future disputes. Putting in place a cohabitation agreement can also encourage honest conversations about finances, something many couples find helpful in itself.
Why This Still Matters in 2026
Despite long-standing discussion about reform to cohabitation laws, the legal position for cohabiting couples has not fundamentally changed. As things stand, unmarried couples remain financially vulnerable unless they take steps to protect themselves. While these discussions may seem unromantic, putting agreements in place is not about expecting a relationship to fail. It is about transparency, fairness, and ensuring both partners have clarity about where they stand.
In many cases, having these conversations early strengthens rather than undermines a relationship.
What Other Legal Documents Should You Consider?
It is crucial to understand that a cohabitation agreement or declaration of trust does not replace making a Will. Unmarried couples do not automatically inherit from one another, so a Will is still essential. Without a Will, intestacy rules may pass property (if not jointly owned) and assets to blood relatives, potentially leaving a partner without a home or financially vulnerable. For more information on Wills, please read our previous guide: Frequently Asked Questions About Wills.
Setting up a Lasting Power of Attorney, either for financial decisions or health and welfare, would allow your partner to make health/financial decisions for you should you lose capacity. Without an LPA, partners may face expensive and time-consuming court proceedings to obtain the authority to manage their loved one’s affairs. Read more about LPAs in our guide: How Do I Make an LPA?
These documents add another layer of protection to ensure that your estate is distributed and acted upon according to your wishes, or that one partner can make decisions for the other when needed.
Speak to Langley Wellington – Local Family Law Solicitors
If you are thinking of moving in with your partner or are about to buy a property together, our friendly and experienced family law team can help you understand your position and put the right protections in place. You can get in touch by calling 01452 521 286 (Gloucester) or 01242 269 998 (Cheltenham). Alternatively, email lawyers@langleywellington.co.uk or fill in this contact form.
This article is for general information only and is not legal advice. If you require advice tailored to your circumstances, please contact our solicitors directly.
