The Government consultation launched on Friday 5 June 2026 concerning the property and financial rights of unmarried couples has renewed attention on a long-standing issue in English law: the limited protection available to cohabiting partners when a relationship breaks down or when one partner dies.
Although the consultation may signal possible future reform, it is important to recognise that the law has not yet changed. For the time being, unmarried couples remain subject to the existing rules governing property ownership, trusts, inheritance and financial provision for children.
This article explains the current position, the issues likely to be considered through the consultation, and the practical steps unmarried couples may wish to take while reform remains under review.
The Current Legal Position for Unmarried Couples
In England and Wales, unmarried couples do not have the same legal rights as spouses or civil partners. The idea of a “common law marriage” remains a common misconception. No matter how long a couple has lived together, they do not automatically acquire the financial claims that arise on divorce or dissolution of a civil partnership.
Where a cohabiting relationship breaks down, disputes about the family home are generally resolved by reference to property and trust law. This often requires the court to consider:
- whose name is on the legal title;
- whether there is an express declaration of trust;
- each party’s financial contributions;
- whether there was a shared intention as to ownership;
- whether one party acted to their detriment in reliance on an assurance; and
- whether equitable principles, such as constructive trust or proprietary estoppel, apply.
Claims are commonly brought under the Trusts of Land and Appointment of Trustees Act 1996, often referred to as TOLATA. These proceedings can determine who owns what share of a property and whether the property should be sold, but they do not give the court the same broad redistributive powers available in divorce proceedings.
Why the Consultation Matters
The consultation appears to form part of a wider policy discussion about whether the law should provide greater clarity and protection for unmarried couples, particularly where partners have lived together for a significant period, raised children together, or become financially interdependent.
At present, the legal framework can produce outcomes that are difficult for many couples to anticipate. A partner may have contributed to household expenses, childcare, renovations or mortgage payments without acquiring a clearly defined interest in the property. Conversely, a property owner may face a claim many years after informal arrangements were made without written documentation.
The consultation is therefore significant because it raises the possibility of a more structured statutory framework for resolving disputes between former cohabitants.
Possible Areas for Reform
While the final outcome of the consultation remains uncertain, reforms in this area commonly focus on several key questions.
Who Should Qualify for Protection?
A central issue is likely to be how any new rights would apply. The Government may consider whether protection should be limited to couples who meet particular criteria, such as:
- a minimum period of cohabitation;
- having children together;
- financial dependence or interdependence;
- shared property ownership; or
- evidence of a committed relationship.
The definition of a qualifying cohabitant would be critical. A broad definition could extend protection to many households, while a narrower test may leave some vulnerable partners outside the scope of reform.
What Remedies Should Be Available?
Any reform would need to decide what powers the court should have. Possible remedies might include:
- adjustment of property interests;
- lump sum payments;
- compensation for economic disadvantage;
- occupation rights in the family home;
- orders relating to sale or transfer of property; or
- provision linked to the needs of children (albeit these arguably already exist under the Children Act 1989).
A key policy question is whether remedies should be based on need, contribution, compensation, fairness, or a combination of these factors.
Should Couples Be Able to opt Out?
The consultation may also consider whether cohabiting partners should be able to exclude or modify statutory rights by written agreement. Cohabitation agreements already play an important role in managing property and financial arrangements, but reform could increase their significance.
An opt-out system would need careful safeguards, particularly where there is an imbalance of bargaining power or where one partner is financially vulnerable.
How Would Reform Interact with Existing Law?
Any new regime would need to sit alongside existing legal principles, including:
- trust law;
- TOLATA claims;
- proprietary estoppel;
- Schedule 1 to the Children Act 1989;
- inheritance provision claims;
- tax law;
- social security rules; and
- housing law.
The interaction between these areas could be complex, especially in cases involving children, jointly owned property or deceased estates.
No Immediate Change to the Law
The launch of a consultation does not itself create new rights or obligations. Until legislation is enacted and brought into force, the current legal position remains unchanged.
This means that unmarried partners still do not automatically have:
- a right to financial support from one another on separation;
- a right to share in the other partner’s property;
- pension-sharing rights equivalent to those available on divorce;
- automatic inheritance rights under the intestacy rules; or
- the same statutory protection as spouses or civil partners.
Where children are involved, financial provision may be available under Schedule 1 to the Children Act 1989, but such claims are generally for the benefit of the child and do not create the same financial remedies available between divorcing spouses.
Practical Steps for Cohabiting Couples
While the consultation progresses, unmarried couples should continue to make their property and financial arrangements as clear as possible.
Practical steps include:
Record Property Ownership Clearly
Where a property is purchased jointly, the parties should record whether they own it as joint tenants or tenants in common. If ownership shares are unequal, this should be expressly documented.
Use a Declaration of Trust
A declaration of trust can set out each party’s beneficial interest in a property and how sale proceeds should be divided. This can significantly reduce uncertainty if the relationship later breaks down.
Consider a Cohabitation Agreement
A cohabitation agreement can record how the couple intends to manage property, mortgage payments, household expenses, savings, debts and arrangements on separation.
Keep Evidence of Contributions
Where one partner contributes to mortgage payments, renovations, deposits or other property-related costs, clear records should be retained. Evidence of financial and non-financial contributions may become important in any later dispute.
Make or Update Wills
Unmarried partners do not automatically inherit under the intestacy rules. A valid will remains essential where partners wish to provide for each other on death.
Review Arrangements After Major Life Events
Property and financial arrangements should be reviewed after significant changes, such as the birth of a child, purchase of a home, major renovation, inheritance, illness or retirement.
What Happens Next?
The usual consultation process involves several stages:
- the consultation remains open for responses until the stated deadline;
- the Government reviews submissions from the public, legal professionals, charities and other stakeholders;
- a formal Government response is published;
- draft legislation may be prepared if reform is pursued; and
- any new law would need to pass through Parliament before coming into force.
At this stage, the direction and timing of any reform remain uncertain. It is possible that the consultation will lead to legislative proposals, but it may also result in further review or more limited changes.
Conclusion
The Government consultation launched on 5 June 2026 is an important development in the continuing debate over the rights of unmarried couples. It may lead to greater legal protection for cohabiting partners, particularly in relation to property and financial vulnerability following separation.
For now, however, the existing law remains in force. Unmarried couples should not assume that living together creates automatic property or financial rights. Clear documentation, careful planning and properly recorded ownership arrangements remain essential while the Government considers whether reform is needed.
