Many people believe that living together automatically gives them the same financial rights as married couples. Unfortunately, that is not true. In England and Wales, the law offers limited protection for unmarried partners, which can leave one person vulnerable if the relationship ends.
This article explains what financial provision is available for unmarried couples, covering property rights, child maintenance, and what steps you can take to protect yourself.
Estimated reading time: 5 minutes
The Myth of Common Law Marriage
A “common law marriage” does not exist in the UK. No matter how long you have lived together, you do not gain automatic financial rights unless you are married or in a civil partnership.
Unmarried partners are not entitled to maintenance, pension sharing, or a share of assets simply because they have cohabited. Each person legally keeps what is in their own name unless there is an agreement or a proven beneficial interest in shared property.
You can read more about related issues in our article on Cohabitation Disputes.
Are You Entitled to Money If You’re Not Married?
You are not automatically entitled to financial support from your partner if you separate. However, there are specific situations where you may be able to make a claim.
Property and Home Ownership
If your home is owned jointly, your share is protected. If it is owned by your partner alone, you may be able to make a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) if:
• You contributed to the purchase price or mortgage
• You paid for significant improvements or renovations
• You can show there was an agreement or understanding that you would have a share
Courts consider these cases carefully, so evidence is crucial. Without proof of contribution or intent, ownership usually stays with the person named on the title.
For more on this, see our guide on Property Disputes for Unmarried Couples.
Financial Support for Children
Where a couple has children, financial provision can be made through the Child Maintenance Service (CMS). The CMS calculates payments based on the non-resident parent’s income.
In addition, Schedule 1 of the Children Act 1989 allows a parent to apply for lump sums or property transfers for the benefit of the child. These applications are made for the child’s welfare, not for the parent’s personal support.
You can find out more about this process in our Child Maintenance and Financial Provision section.
Inheritance Claims
If your partner dies without a Will, you do not automatically inherit under UK intestacy laws. However, you may be able to apply under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on them.
This claim allows you to seek reasonable financial provision from your partner’s estate, but applications must be made within six months of probate.
Do Unmarried Fathers Have to Pay Child Support in the UK?
Yes. All parents, whether married or not, are legally responsible for supporting their children. If an unmarried father is not living with the child, he must still contribute financially.
The CMS can calculate and enforce payments if parents cannot agree privately. This duty exists regardless of whether the father has parental responsibility.
Is My Unmarried Partner Entitled to Half My House?
Only if they are named as a joint owner or can prove a beneficial interest. This can happen if your partner made direct contributions to the mortgage, funded renovations, or you both agreed that ownership would be shared.
If your name is not on the property title, it can be difficult to establish an interest. The courts require evidence that both parties intended ownership to be shared.
This is why it is advisable to have a Declaration of Trust or Cohabitation Agreement when purchasing a property together. These documents clarify who owns what and reduce disputes later.
What Is My Partner Entitled to If We Separate?
If you are not married or in a civil partnership, your entitlement depends on ownership and contribution:
• Each person keeps assets in their own name
• Joint assets are divided based on the legal title or any written agreements
• The parent with primary care of the children may claim financial provision for them
Without a formal agreement, separating unmarried couples often face uncertainty. Legal advice at an early stage can help prevent disputes.
How to Protect Yourself Financially as an Unmarried Couple
1. Create a Cohabitation Agreement
A written agreement can set out who owns what, how bills and property are shared, and what will happen if you separate. It provides clarity and reduces conflict later.
2. Make a Declaration of Trust
If you buy a property together, this document records each person’s contribution and ownership share. It can protect your interest if the property is sold.
3. Write a Will
Unmarried partners do not automatically inherit, so a Will ensures your partner receives what you intend.
4. Keep Financial Records
Keep clear evidence of payments, transfers, and improvements made to shared property. It will be essential if a dispute arises.
5. Seek Legal Advice Early
Before moving in together or buying property, speak to a solicitor. Early advice can save costly disputes later.
You can book a consultation with our family law team through our Cohabitation Agreements page.
Frequently Asked Questions
Do unmarried fathers have to pay child support in the UK?
Yes. Both parents have a duty to support their children financially.
Is my unmarried partner entitled to half my house?
Only if their name is on the deeds or they can prove a beneficial interest.
What is my girlfriend entitled to if we split?
It depends on what you own jointly, what contributions were made, and whether there are children involved.
Can I stay in the house after separation?
You may apply for an occupation order, but it is usually temporary and does not change ownership.
Can I make a claim if my partner dies?
Yes, you can apply under the Inheritance (Provision for Family and Dependants) Act 1975 for financial provision.
Does living together for years make me a common law spouse?
No. The term “common law marriage” has no legal standing in the UK.
What legal documents protect unmarried couples?
A cohabitation agreement, declaration of trust, and valid Will provide the strongest protection.
Next Steps
If you are living with your partner or considering moving in together, take steps now to protect your financial position.
Waely Law can help you draft agreements, manage disputes, and advise on property and financial claims after separation.
