New Rights for Cohabiting Couples: What the Law Changes Could Mean for You

Author: Alastair Sinclair, Senior Consultant Family Solicitor | Last updated: 9th June 2026

The law around cohabiting couples in England and Wales is set for its biggest shake-up in decades. The government has launched a landmark consultation that could finally give unmarried partners meaningful legal protections. Here’s what you need to know from the perspective of a family lawyer.

What are the proposed reforms to cohabitation rights?  

The consultation covers three distinct areas of family law reform:  

1. Financial remedies on divorce: proposals to codify and clarify how assets are divided when married couples divorce, providing greater certainty and consistency.  

2. Financial protections for cohabiting couples on separation: the most significant change, creating a new legal framework that would give qualifying cohabitants the right to make financial claims when a relationship ends.  

3. Inheritance rights for cohabiting couples: proposals to give qualifying cohabitants automatic rights under the intestacy rules (what happens when someone dies without a will), bringing them in line with the rights of spouses and civil partners.  

Each strand of reform is guided by four overarching principles: prioritising fair outcomes for children; protecting the vulnerable; providing a clear and accessible framework; and preserving the distinct legal status of marriage. This article focuses on financial protections and inheritance rights for cohabiting couples.

Why is the government consulting on cohabitation rights? 

If you’re living with your partner but aren’t married or in a civil partnership, you may be surprised (and alarmed) to learn how little legal protection you currently have. There is no such thing as a “common law spouse” in England and Wales. It’s a myth, and one that potentially leaves millions of people financially exposed. 

The numbers tell their own story. Cohabiting couples now make up nearly 25% of couples who live together, according to the latest Census. Yet the law has, until now, largely failed to keep pace with how people actually live their lives. Many people living together have no automatic right to their partner’s assets if they separate, no automatic right to inherit if their partner dies without a will, and limited financial remedies if the relationship breaks down, regardless of how long they’ve been together or what they’ve contributed to the relationship. 

On 5 June 2026, the government launched a 10-week consultation titled A Fairer End to Relationships, proposing what the Ministry of Justice has described as “some of the biggest reforms to family law in decades.” The consultation closes on 14 August 2026, and the proposals, if enacted, would fundamentally change things for unmarried couples across the country. 

As family lawyers, we see the real-world consequences of the current law every day: people who have dedicated years of their lives to a relationship and a home, only to find that the law doesn’t recognise their contribution when they split up. These reforms are long overdue. 

Who would the new cohabitation rights apply to? 

Not every cohabiting couple would automatically qualify. Under the proposals, the new framework would apply to couples who: 

• Have lived together for at least three years, or
• Live together and share a child together

Couples must also be in what the government defines as a “committed, romantic relationship.” The minimum age to access the framework would be 18, and there would be a two-year time limit from the end of the relationship to bring a financial claim.

Importantly, couples would be able to opt out of the framework if they both agree to do so, subject to appropriate safeguards. This reflects the government’s intention to respect individual autonomy while ensuring that vulnerable partners,particularly survivors of domestic abuse, are not left unprotected. 

What would the new laws mean for cohabiting couples who own a home together? 

For couples who own property together, the proposed reforms could be transformative. Currently, disputes about property ownership between unmarried couples are largely governed by trust law. Specifically, claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). These claims are complex, expensive, and frequently contentious. 

Under the new proposals, qualifying cohabitants would be able to apply for property adjustment orders. This is the same type of order available to divorcing couples, and means a court could order the transfer or sale of a property, or adjust the shares in which it is held, based on the financial needs of the parties rather than purely on legal ownership. 

The starting point under the proposed framework would be legal ownership. So, if a property is held in one person’s name, that remains the baseline. However, the court would then have the discretion to adjust this to meet financial needs, particularly where one partner has been financially vulnerable or disadvantaged. 

This is a significant change from the current rules. At the moment, a cohabiting partner whose name isn’t on the mortgage or title deeds has an uphill battle to establish any claim to the property at all. Under the new framework, need, not just legal title, becomes a relevant factor. 

Would TOLATA claims still be relevant under the new cohabitation laws? 

This is one of the most practically important questions for property lawyers and family lawyers alike. TOLATA claims (where a cohabiting partner seeks to establish a beneficial interest in a property based on constructive trust or proprietary estoppel)have long been the primary mechanism for resolving property disputes between unmarried couples. 

Under the proposed reforms, qualifying cohabitants would have access to a new, more flexible needs-based framework that sits alongside the existing law. However, for couples who do not meet the eligibility criteria (because they’ve been together less than three years and don’t have children, or they have opted out of the new framework for example), TOLATA would remain their primary route. 

Even where the new framework applies, questions of legal and beneficial ownership may still arise, particularly in complex cases involving multiple properties, business assets, or contributions from third parties such as family members. TOLATA claims are unlikely to disappear. Instead, it will co-exist with the new framework, and lawyers will need to advise clients carefully about which route is most appropriate. 

If you’re currently in a property dispute with a former partner, it’s worth taking advice now about your options under the existing law.

What would happen if your partner died without a will under the new laws? 

This is perhaps the area where the current law isn’t reflective of how people live their lives today. Under the existing intestacy rules, an unmarried partner, however long the relationship, receives nothing automatically if their partner dies without a will. Everything passes to blood relatives or the state, potentially leaving a bereaved partner without a home, savings, or financial security. 

The consultation proposes bringing cohabiting partners in line with spouses and civil partners for the purposes of intestacy. Under the proposals, a qualifying cohabitant would receive the same automatic right to inherit as a spouse, both in terms of the amount they could inherit and their position in the order of priority. 

For intestacy purposes, the government is considering a five-year qualifying period (longer than the three years proposed for financial separation claims). However, where the couple have a child together, the qualifying period would be removed entirely. 

This is a significant and welcome change. Bereaved partners who currently have to bring costly and emotionally draining Inheritance Act claims, often against their late partner’s family, would instead have automatic rights. That said, questions remain about how this interacts with the interests of children, particularly children from previous relationships, and the consultation seeks views on these sensitivities. 

In the meantime, if you and your partner are not married, you should ensure you both have a will. It is the single most important step you can take to protect each other today, regardless of how laws may change in the future.

How will the new cohabitation laws affect unmarried couples who have children together? 

Children sit at the heart of these proposals. The government is explicit that a “children first” approach underpins the entire framework. 

Under the proposals, couples who have a child together would qualify for the new framework regardless of how long they’ve lived together, removing the three-year threshold. This reflects the reality that having a child is itself a profound commitment, and that a parent who has sacrificed career progression or financial independence to care for a child deserves legal protection. 

The court’s first consideration when making financial orders would be the needs of any children. Only after children’s needs are addressed would the court turn to the individual financial needs of the adults. This mirrors the approach taken in divorce proceedings, where children’s welfare is always the paramount consideration. 

How do the proposed reforms to cohabitation law differ from marriage? 

This is a key question, and the government has been careful to ensure these proposals do not simply replicate marriage by another name. 

The proposed cohabitation framework is deliberately less generous than divorce. Key differences include: 

• No sharing principle: On divorce, there is a starting presumption that matrimonial assets should be shared equally. Under the new cohabitation framework, there is no equivalent presumption. Legal ownership is the starting point, with needs-based adjustment from there.
• Needs defined more narrowly: The definition of “needs” under the cohabitation framework would exclude discretionary needs. It is focused on basic financial requirements, not the standard of living enjoyed during the relationship.
• No spousal maintenance as a default: Maintenance orders would only be available in exceptional circumstances, and the emphasis throughout is on a clean break.
• No pension sharing as a default: While pension sharing orders could theoretically be available, they would not be a default element of the framework in the way they are in divorce proceedings.
• Opt-out available: Unmarried couples can agree to opt out of the framework entirely. Married couples cannot opt out of the court’s jurisdiction on divorce.

So, marriage would still have significant legal advantages under the new framework. It is designed to be a safety net, not an equivalent. 

Will pre-nuptial and post-nuptial agreements become legally binding? 

For married couples, the consultation also proposes making pre- and post-nuptial agreements legally binding. Currently in England and Wales, pre-nuptial and post-nuptial agreements are usually taken into account by courts but are not automatically enforceable. The proposed reforms would change this, giving couples greater certainty and control over their financial arrangements. 

This is a significant development for anyone considering marriage, particularly those with pre-existing assets, business interests, or children from previous relationships. If you’re planning to marry and are interested in protecting your assets, now is a good time to take advice about a pre-nuptial agreement, even before the potential change in law. 

What should cohabiting couples do right now? 

These proposals are still at consultation stage. They will not become law immediately, they may change based on the consultation, and there is no guaranteed timescale for implementation. The government has indicated that “finalised reforms will then take place when parliamentary time allows.” 

In the meantime, the law as it stands offers cohabiting couples very limited protection. There are, however, practical steps you can take to protect yourself and your partner now: 

• Make a will. If your partner died tomorrow, would you be protected? Without a will, the answer is almost certainly no. A will is the most effective way to ensure your wishes are carried out.
• Consider a cohabitation agreement. A legally drafted cohabitation agreement can set out how property, finances and assets are to be dealt with if the relationship ends. These are not romantic documents, but they are practical, and they can save enormous cost and heartache later.
• Review how your property is held. If you own a home together, take advice on whether it should be held as joint tenants or tenants in common, and whether a declaration of trust is appropriate to record each person’s contributions.
• Take advice on TOLATA. If your relationship has already broken down and property is in dispute, there are existing legal routes available to you. Don’t wait.

We’re here to help 

If you have questions about your rights as a cohabiting couple, or if your relationship has broken down and you need advice, we’re here to help with clear, empathetic, and expert guidance tailored to your individual circumstances. 

Please get in touch today to discuss how we can assist you.

This article reflects the law and government proposals as of June 2026. It is intended as general guidance only and does not constitute legal advice. If you need advice specific to your situation, please contact us.