Living Together, Legally Apart?
This article was written for and published as original content in the Mersea Life publication.
As wedding season fast approaches and Britain prepares for another summer of marquees, awkward speeches and relatives asking, “So, when’s it your turn?”, more couples than ever are choosing to ditch getting hitched, but there’s a problem: the law still hasn’t quite caught up.
Despite common misconceptions, there is no such thing as a common law marriage in England and Wales, and even if you’ve lived together for 30 years or share children, the law does not automatically treat you as married.
The myth
The phrase “common law spouse” sounds so official that many people assume it must exist, however the reality is far less comforting. If one partner dies without a Will, the surviving partner has no automatic right to inherit regardless of how long they’ve lived together. So, the house may not be passed on automatically, the savings could go elsewhere, and even personal belongings can become surprisingly complicated.
The summer house problem
June welcomes both sunshine and house purchases for unmarried couples.
But property ownership is where many cohabiting couples come unstuck. If only one name is on the deeds, the other partner may have very limited rights if the relationship ends. Even contributing to bills or renovations does not necessarily guarantee protection.
Family lawyers continue to report disputes involving unmarried couples who assumed that time together automatically created legal security but unfortunately, feelings and flooring receipts are not always enough.
A very modern problem
This issue has become increasingly topical because, according to the Office for National Statistics, cohabiting couples are now the fastest-growing family type in the UK. Discussions around possible legal reform continue to gather pace, with growing pressure for stronger protections for unmarried couples.
But legal reform, much like assembling flat-pack furniture, tends to take longer than people expect. Until then, the current law still applies.
What can couples do?
Thankfully, facing problems now by planning ahead is much easier than untangling them later. A professionally drafted Will is one of the simplest ways to protect a partner. Declarations of Trust are also becoming increasingly common among couples buying property together, as they clearly record who owns what and how financial contributions are shared.
Not wildly romantic, but neither is arguing over ownership of an air fryer in front of a solicitor.
Final thoughts
Living together may feel like marriage in every meaningful sense; shared bills, shared homes and shared arguments about the thermostat but legally, the gap remains surprisingly wide.
So, this summer, alongside booking holidays and attending weddings, it may be worth taking a moment to sort out the paperwork too. Because when it comes to protecting the person you love, relying on a legal myth is rarely a good plan.
After all, true love may conquer all, but the law remains unconvinced. To protect your wishes by planning ahead, please contact the Wills and Estates team at Thompson Smith and Puxon by calling 01206 574431 or emailing enquiries@tsplegal.com.