Living together: what the law actually looks at
Property and the family home
For unmarried couples, the starting point is ownership, not the relationship.
- Legal owner: If the home is in one partner’s sole name, the other may have no automatic right to stay or share in the value.
- Joint ownership: If you own as joint tenants, you usually own the whole property together and the survivor automatically inherits the other’s share. This means that the property falls outside of any will. If you own as tenants in common, you can specify the share each of you own, and this share can then be left by will.
- Contributions and “beneficial interests”: In some cases, a partner who is not on the title can claim a share if they can show a common intention and contributions (for example, towards the purchase price or mortgage). These claims are complex, stressful and expensive.
We can:
- Review how your home is owned
- Advise on changing ownership or recording shares
- Help resolve disputes if you separate
Finances, debts and day‑to‑day life
- Separate finances: Each partner generally keeps what is in their own name—bank accounts, savings, investments and personal belongings.
- Joint accounts and debts: If you have joint accounts or loans, you are usually jointly and severally liable—the lender can pursue either of you for the full amount.
- Household bills: Responsibility depends on whose name is on the contract, unless you agree otherwise.
We can help you put clear agreements in place so that both of you know where you stand.
Children of unmarried couples
Your legal position as parents does not depend on whether you are married, but some details matter:
- Parental responsibility: The birth mother automatically has parental responsibility. An unmarried father usually has it if he is named on the birth certificate or if it is granted by agreement or court order.
- Child arrangements: Where children live and how much time they spend with each parent is decided based on their best interests, not the parents’ marital status.
- Child maintenance: Both parents have a legal duty to support their children financially, regardless of whether they ever lived together or married.
We advise on:
- Parental responsibility
- Child arrangements (formerly referred to as residence and contact)
- Child maintenance and financial support for children
If one of you dies
If you are not married or in a civil partnership:
- No automatic inheritance: Your partner will not automatically inherit your estate under the intestacy rules, even if you have lived together for decades.
- Home at risk: If the home is in your partner’s sole name, you may have no right to remain there long‑term.
- Pensions and death‑in‑service benefits: Some schemes allow nomination of an unmarried partner, but this is not guaranteed and must be checked and properly completed.
We strongly recommend:
- Making or updating a will
- Reviewing pension nominations and death‑in‑service benefits
- Considering life insurance to protect your partner and children
How unmarried couples can protect themselves
You are not powerless. With the right planning, you can create clarity and security.
Cohabitation agreements
A cohabitation agreement (also called a living together agreement) is a written contract between you and your partner that can cover:
- Who owns what now and how it will be treated
- How bills, mortgage/rent and household expenses are shared
- What happens to the home and other assets if you separate
- How debts will be dealt with
- Arrangements for contents, pets and vehicles
A well‑drafted agreement:
- Reduces uncertainty and conflict
- Can save significant legal costs later
- Helps you have honest conversations about money and expectations
We draft bespoke cohabitation agreements tailored to your circumstances and future plans.
Declarations of trust for property
If you are buying a property together—or one of you is moving into a home owned by the other—a declaration of trust can:
- Record who owns what share of the property
- Reflect unequal contributions to the deposit or mortgage
- Set out what happens if the property is sold or one partner wants to move out
This document sits alongside the legal title and can be crucial evidence if there is ever a dispute.
Wills and estate planning
For unmarried couples, a will is not a luxury—it is essential.
We can:
- Draft wills that protect your partner and children
- Advise on inheritance tax implications for unmarried couples
- Coordinate your wills with property ownership, life insurance and pension nominations
Separation for unmarried couples
When an unmarried relationship ends, there is no “divorce” process—but there are still important legal issues to resolve.
We advise on:
- Who stays in or sells the home
- Division of equity where property is jointly owned or disputed
- Financial claims relating to children
- Child arrangements (where children live, time with each parent, holidays, schooling)
- Protecting yourself from harassment or abuse, where relevant
Our approach is to:
- Focus on practical, realistic outcomes
- Encourage negotiation and alternative dispute resolution where possible
- Represent you robustly in court if needed
When you should speak to a solicitor
It’s wise to get legal advice if:
- You are moving in together or buying a property as an unmarried couple
- One of you is paying more towards the deposit, mortgage or renovations
- You are having a child together
- You want to change how the home is owned or protect a contribution from family
- You are separating or thinking about it
- A partner has died and you are unsure of your rights
The earlier you speak to a solicitor, the more options you usually have and the easier it is to avoid costly disputes later.
How our firm can help you from our office in Salford
We offer clear, practical advice for unmarried couples, including:
- Cohabitation agreements
- Declarations of trust and advice on property ownership
- Wills and estate planning for cohabiting partners
- Advice on separation, property and financial disputes
- Children law advice, including parental responsibility and child arrangements
Our family law team understands that these conversations are personal and often emotional. We combine technical expertise with a straightforward, down‑to‑earth approach so you know exactly where you stand and what your options are.
