This Valentine’s Day, Protect More Than Your Heart: Common Law Marriage Myths You Shouldn’t Swipe Right On

Pop culture loves to play fast and loose with the law. Think about the iconic Legally Blonde scene, where Elle Woods invokes the idea of a ‘common law marriage’ to claim rights over a pet, with Paulette famously declaring ‘I’m taking the dog.’ Similar exaggerated plotlines appear in Marriage Story and The Parent Trap.

Though often portrayed in the media, common law marriage in England and Wales is a legal myth. Nearly half of England and Wales- 46% according to the House of Commons Women and Equalities Committee- wrongly believe that living together puts them in a ‘common law marriage,’ with the same rights as married couples. It doesn’t. Not after five years, ten years or even thirty!

So as romance blossoms this Valentine’s Day, it’s worth remembering that the law isn’t always so sentimental. Below, I debunk common law marriage myths, explain what you can do to protect yourself and look ahead to possible reforms.

Debunking the Myths:

Myth 1: If one partner in a cohabiting couple dies without leaving a will, the surviving partner will have an automatic right to inherit.

False. Cohabiting partners have no automatic right to inherit under intestacy rules and may be left with nothing, unlike married couples or civil partners. This applies regardless of the relationship’s length or whether they have children together.

What happens will depend largely on how assets are owned, especially when it comes to property:

• Joint tenants: The deceased’s share usually passes automatically to the surviving partner.
• Tenants in common: When one owner dies, their share goes according to their will. If there is no will, it does not automatically go to their partner.
• Sole ownership: A cohabiting partner has no automatic entitlement.

Without proper planning, a surviving partner could be left without access to the family home or other assets, leaving them financially vulnerable.

Myth 2: Cohabiting couples must support each other financially and can claim ongoing support after separating.

False. Unlike married couples or civil partners, cohabiting partners have very limited financial claims against each other when a relationship ends. Essentially, there is no equivalent right to spousal maintenance. This can have a disproportionate effect on partners who have reduced their earning capacity- for example, to care for children or support the other partner’s career.

Myth 3: Cohabiting partners automatically have the same parental rights as married couples.

Not always. While married couples have parental rights automatically conferred upon them, this is not the case for cohabiting couples.

For example, unmarried fathers do not automatically have parental responsibility unless:

• They are named on the birth certificate (for births registered after 1 December 2003), or

• Parental responsibility is granted through a formal agreement or a court order.

Without parental responsibility, a parent cannot make important decisions about their child’s care or upbringing.

How to Swipe Right on Legal Protection:

Being unmarried does not mean you have no options. With the right legal plan, cohabiting couples can protect themselves and each other.

1. Create a Cohabitation Agreement:

A cohabitation agreement sets out your rights and responsibilities if the relationship comes to an end. Simply put, it answers key questions such as: Who owns what? Who is responsible for which costs? It can be tailored to cover property rights, contributions to bills, arrangements for pets, and more. These agreements provide clarity, reduce uncertainty, and can prevent costly disputes.

You can learn more about this through our three-part ‘Cohabitation Rights & Agreements’ series on our website.

2. Make a Will:

A professionally drafted, up‑to‑date will ensures your wishes are honoured and protects your partner from the harsh consequences of intestacy rules. Without one, cohabiting partners can be left without financial security at an already distressing time.

3. Consider How you Own Property

As mentioned above, how you hold property can significantly affect what happens if one partner dies. Choosing the right ownership structure- joint tenants, tenants in common, or sole ownership- depends on your circumstances and intentions. 

What’s Next? Legal Reform on the Horizon:

The Government has announced a formal consultation on reforming cohabitation law, scheduled for Spring 2026. This marks an important step toward modernising the legal framework to better support the millions of couples who live together without marrying. While reforms are not yet certain, the discussion is finally gaining momentum.

So, this Valentine’s Day, if you live with your partner but are not married or in a civil partnership, now is the time to pay attention. Understanding your rights- and taking steps to protect yourself- can be just as important and meaningful as flowers and chocolates.

If you would like further guidance on this topic, contact us on 0333 344 6302 to talk to a member of the team.