Unmarried Couples and Property: Could the Rules Be About to Change?

25th September 2026 | Caroline Vernon | Residential Property, Family Law, Private Wealth

For years, the property law position for unmarried couples has been relatively straightforward: living together does not, by itself, give you an interest in your partner’s property.

That could be about to change.

The Government’s consultation, A Fairer End to Relationships, considers introducing new rights for qualifying cohabiting couples when they separate. For property owners, the proposals could have significant consequences.

The position now

There is no “common law marriage” in England and Wales.

If an unmarried couple separates, ownership of their home is generally determined by ordinary property and trust law. Where only one partner owns the property, the other does not automatically acquire an interest simply because they have lived there for many years.

They may, however, be able to establish a beneficial interest based on matters such as contributions to the purchase price or mortgage, agreements about ownership or the parties’ conduct. Disputes are commonly dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

The fundamental question, for a property lawyer, is usually “who owns what?”, rather than what would produce the fairest financial outcome following separation.

What could change?

The Government is considering a statutory scheme for couples who have:

• lived together for at least three years; or
• lived together and have a child together.

The significant point for property owners is that qualifying couples could potentially acquire rights to seek financial provision following separation even where ordinary property law would not give them an ownership interest.

The proposed scheme would be more limited than the financial remedies available on divorce, but it represents an important departure from the present position.

Perhaps most importantly, qualifying couples could fall within the regime automatically, unless they have formally opted out.

Why does this matter when buying or owning property?

Consider a common scenario.

You own a house in your sole name. Your partner moves in. You deliberately keep the property in your name and assume that, because you are unmarried, it will remain entirely yours if the relationship ends.

At present, subject to any successful beneficial ownership claim, that assumption would be correct.

Under the proposed regime, the Land Registry title may no longer tell the whole story.

This makes the way unmarried couples structure their property arrangements increasingly important.

Declarations of Trust and cohabitation agreements can record who owns what, how mortgage payments and improvements are to be treated, and what should happen to the property if the couple separates or sells.

If an opt-out regime is introduced, obtaining advice and documenting those intentions could become more important still.

What should property owners do?

Nothing has changed yet. The consultation closed on 14 August 2026 and any new regime would require legislation.

Nevertheless, unmarried couples buying property together – and existing homeowners considering having a partner move into their home – should think carefully about ownership before, rather than after, a dispute arises.

For property lawyers, the message is simple: the legal title is important, but documenting what the parties actually intend can be just as important.

A relatively straightforward Declaration of Trust or cohabitation agreement entered into at the outset can provide considerably more certainty than trying to reconstruct the parties’ intentions several years later when a relationship has broken down.

To find out more, please speak with our Residential Real Estate Team, Family Law Team and Private Wealth Team. 

*This article was jointly written by Caroline Vernon, Head of Residential Real Estate, Anna Clifton, Head of Family Law and Jacki Hockin, Legal Director in Private Wealth.