Separating when you lived together but weren't married

There's no 'common law marriage'

Many people believe that living together as a couple, even for a long time or with children, gives you the same legal rights as being married or in a civil partnership. It doesn't. If you separate, you have fewer rights than couples who divorce or end a civil partnership.^[1]

The idea of a 'common law marriage' is a myth. 'Common law marriages' don't exist in England and Wales.^[1][2]

The upside is that there's no formal legal process to go through. Many couples who lived together separate without using a solicitor, and it's easier if you can agree about what you're dividing.^[1]

In Scotland the rules are different. For example, you may be able to claim a lump sum if the relationship left you financially worse off, and you must claim within 12 months of separating.^[1]

Who owns the home

You own all or part of a home if your name is on the legal title. A home might be owned by one of you, by both of you, or by someone else, such as a family member.^[10] Paying towards the mortgage doesn't automatically give you a share of a home your ex-partner owns.^[10]

Legal title and 'beneficial interest'

Who is named as owner (the legal title) isn't always the whole story. If your ex-partner owns the home, you might be able to claim a share of its value, called a beneficial interest. This depends on things like what you both agreed, and whether you paid towards the deposit, the mortgage or major home improvements. Just paying everyday bills isn't enough.^[1] You don't need a formal written agreement to make this kind of claim, but it's a complex area of law, so getting advice from a solicitor is the best first step.^[10]

Joint tenants or tenants in common

If you own the home together, you own it in one of two ways:^[11]

• Joint tenants: you both have equal rights to the whole property. If one of you dies, it goes to the other automatically, and you can't leave your share in a will.^[11]
• Tenants in common: you can own different shares. Your share doesn't go to the other owner automatically, and you can leave it in your will.^[11]

To check which you are, you can download the title register from HM Land Registry for £7 if the home is registered. If you're tenants in common, there'll be a 'Form A restriction' next to the ownership details.^[10]

If you're joint tenants and you separate, you might want to change to tenants in common, so your share wouldn't pass to your ex-partner if you died before you'd sorted things out. This is called 'severing the joint tenancy'. You write to your ex-partner to tell them, and they don't have to agree. If the home is registered, you can use HM Land Registry's form SEV.^[10] There's no fee to change the type of ownership with HM Land Registry.^[11]

Declarations of trust

Citizens Advice describes a declaration of trust as a legal agreement about how you share your property, and suggests getting help from a family law solicitor if you want to make one.^[3]

If you can't agree: going to court

If you own the home together and can't agree what should happen to it, either of you can ask the court to decide.^[12] Citizens Advice says you both have equal rights to stay there, and that the court might decide, for example, that the home should be sold.^[3]

The law that lets the court do this is section 14 of the Trusts of Land and Appointment of Trustees Act 1996, often shortened to 'TOLATA'. Anyone who is a legal owner of the home (the law calls them a 'trustee'), or has an interest in it, can apply. The court can make orders about the property, or declare how big each person's share is.^[12] When it decides, the court must consider things including what the owners intended, what the property was bought for, the welfare of any child who lives there or might be expected to, and the interests of anyone with a loan secured on it, such as a mortgage lender.^[13]

Going to court can be costly, financially and emotionally, so it's best to talk to a solicitor who deals with disputes between couples who lived together.^[1]

If the home is in your ex-partner's name only

If your ex-partner owns the home in their name alone, you don't have an automatic right to stay there. They can ask you to leave with reasonable notice, and rent out or sell the home without your agreement.^[10] The 'home rights' you may have read about are for married couples and civil partners.^[14]

You may be able to apply to the court for an occupation order, a short-term order about who can live in the home. You can apply yourself, but getting legal advice first is the best step.^[10] If you think you have a share in the home, it's worth getting legal advice quickly.^[10]

The mortgage

If your name is on the mortgage, you're responsible for the repayments and for the whole debt, even if it's a joint mortgage. Contact your lender if you think you might have problems paying, or you're worried your ex-partner won't pay what they've agreed.^[10]

If you rent

Your rights usually depend on whose name is on the tenancy agreement.^[1]

• A joint tenancy means you both have the right to stay as long as the tenancy lasts and you can pay the rent.^[15] You're both responsible for the rent until the tenancy ends. If one of you can't or won't pay, the landlord could ask the other for the full amount.^[15]
• A sole tenancy in your ex-partner's name can make it hard to get a long-term right to stay. You might be able to get an occupation order in the short term, and a transfer of the tenancy as a long-term solution, depending on the circumstances.^[15]
• If you have children who'll live with you most or all of the time, you might be able to ask the court to transfer the tenancy into your name.^[15]

If one of you wants to stay, don't end the existing tenancy before the landlord agrees a new one in writing. Once a tenancy has ended, you have no right to remain.^[15] If you rent from a council or housing association, get advice before signing a tenancy over, because you could be giving up valuable rights.^[15]

In Wales, Citizens Advice uses the terms 'contract holder' and 'occupation contract' instead of tenant and tenancy, and gives the same guidance.^[16]

Money, debts and maintenance

Citizens Advice says neither of you has a legal duty to support the other financially, so there's no automatic right to maintenance for each other, and that voluntary agreements to pay each other maintenance may be difficult to enforce.^[3]

As a rule, things in your name belong to you and things in your ex-partner's name belong to them, but it isn't always that simple, especially with a home or other big assets.^[1] Usually, an item belongs to whoever can show they paid for it, for example with a receipt, bank statement or finance agreement in their name. It can depend on whether it was a gift or bought with joint money, and if you bought something together, you both have a share in it.^[17]

With any joint loan, credit card or overdraft, you're both responsible for the whole debt.^[1] Citizens Advice says you aren't liable for debts in your ex-partner's name only, unless you were a guarantor.^[3] But if a credit or store card account is in your name and your ex-partner has a card on it, you're legally responsible for anything they put on it.^[18] In England and Wales, if you weren't married or in a civil partnership, money in a joint account belongs to the person who paid it in, although a partner who didn't pay in could try to claim a share. If you're worried your ex-partner will empty a joint account, either of you can ask the bank to freeze it, but you'll usually both have to agree to unfreeze it.^[18]

It's a good idea to write down what you agree about dividing everything. You're both more likely to stick to it, and it should reduce confusion later.^[1] Our private money picture tool can help you list what you own and owe.

Children

Whether or not you were married, both parents are responsible for supporting their children financially.^[4][5] Child maintenance is separate from who owns the home or other assets.^[1]

Child maintenance

You can arrange child maintenance privately if you both agree, or through the Child Maintenance Service. The service can work out an amount, arrange payments and take action if a parent doesn't pay.^[4] Read our child maintenance guide.

Claims for children under Schedule 1

Under Schedule 1 to the Children Act 1989, a parent can ask the court for orders for the benefit of a child. These can include regular payments, a lump sum, or property being transferred or settled for the child's benefit.^[19] Citizens Advice gives the example of the court transferring a home into your name for the children's benefit, usually for a limited time, such as until the youngest child is 18.^[3]

Parental responsibility for unmarried fathers

Parental responsibility means having legal rights and duties for your child's upbringing, such as providing a home, choosing their education and agreeing to medical treatment.^[5] If you're a father who wasn't married to or in a civil partnership with the birth mother, you get parental responsibility by registering the birth jointly with the mother.^[20] If you didn't, you can sign a parental responsibility agreement with the mother, or apply to the court. A court order costs £270, and you may be able to get help with the fee.^[21]

Pensions and inheritance

Unlike divorce, if you lived together and separate, one of you doesn't have to share their pension with the other.^[8]

Many pension providers ask you to fill in an 'expression of wish' or nomination form naming who you'd like to receive your pension after you die, and it's worth keeping it up to date when your circumstances change.^[22] Some workplace death-in-service schemes don't recognise partners who weren't married as beneficiaries, so check who you've nominated after you separate.^[6]

If one of you dies without a will, the other has no automatic right to inherit.^[7][6] If you own a home together and aren't married or in a civil partnership, your partner might not automatically inherit your share if you don't have a will.^[22] If you lived with your partner in the same household, as if you were married or civil partners, for the whole of the 2 years before they died, you can ask the court for an order if their will, or the rules when there's no will, don't make reasonable financial provision for you.^[23] There's normally no inheritance tax on what someone leaves to their spouse or civil partner, and that exemption doesn't cover partners who weren't married.^[24][3]

Remember that if you own your home as joint tenants, it goes to the other owner automatically if one of you dies, whatever a will says.^[11][10]

Cohabitation agreements

Citizens Advice describes a cohabitation agreement (also called a living together agreement or cohabitation contract) as setting out each partner's rights and obligations towards the other. It also recommends making a declaration of trust about how you share your property, and getting help from a family law solicitor.^[3]

If you made a living together agreement and your ex-partner won't keep to it, that's one of the situations where you might need professional help.^[1]

Mediation and MIAMs

A mediator is an impartial person who can help you reach agreement about debts, the home, how to split what you own, and arrangements for your children.^[1] Mediators don't take sides or give advice, so it's important to know your rights first. You'll need a solicitor to turn what you agree into a legal agreement.^[8] Mediation isn't appropriate where there has been domestic abuse.^[8]

Before you apply to court for some orders, you usually have to attend a Mediation Information and Assessment Meeting (MIAM). The applications that need one include child arrangements orders and claims for children under Schedule 1 to the Children Act 1989. There are exemptions, for example in some cases involving domestic abuse.^[25] Read our guide to MIAMs and mediation.

We couldn't confirm from official guidance whether a MIAM is needed before a court claim about the home between ex-partners who lived together. Ask a mediator or solicitor.

Is the law changing?

From 5 June to 14 August 2026, the Ministry of Justice consulted on 'A fairer end to relationships'. It asked for views on a new set of rights for eligible couples who live together when they separate, and on inheritance when a partner dies without a will.^[7]

The government proposed that couples should have lived together for at least 3 years, or share a child, to be covered. It says it will consider the responses before finalising policy, and that reforms will follow when parliamentary time allows.^[9] When we checked, GOV.UK said the responses were being analysed.^[7]

Until any new law is passed, the rules on this page still apply.^[9]