For Individuals

Advice for Unmarried Couples

 

Living together without marriage is a typical arrangement for many couples. But when issues arise, whether it’s uncertainty about your rights or disagreements over property, the situation can understandably become stressful. This is where clear support and guidance from our experienced family law solicitors is invaluable.

At T G Baynes, our specialist solicitors have many years of combined experience of advising on the legal rights of unmarried couples, from property disputes to cohabitation agreements.

We understand just how daunting it can feel to contend with these issues. That’s why our family solicitors in DartfordBexleyheath and Orpington take the time to get to know your unique situation, offering clear, practical advice and friendly, personal support. With our help, you’ll always understand exactly what steps you need to take to reach a fair and positive outcome.

Our solicitors may be experts in the law, but they’re also approachable people, just like you. You can count on us for a supportive, jargon-free approach, ensuring your matter is in the safest possible hands.

Contact our family law solicitors in Dartford, Bexleyheath and Orpington

To speak to one of our lawyers specialising in unmarried couples in , DartfordBexleyheath and Orpington please fill in our simple enquiry form or call 020 8301 7777.

Why work with our family law solicitors?

We understand that everyone’s situation is unique. What you want to achieve may differ considerably from another person's objectives, so we’re dedicated to respecting your personal differences.

Our family law solicitors provide a bespoke service, ensuring you receive clear and professional legal guidance during what can often be complicated and emotionally challenging circumstances. Don’t worry – our experienced team will always manage your case sensitively and efficiently.

When appropriate, we will encourage alternative dispute resolution methods to resolve your matter. This way, you’ll help to minimise conflict, preserve important relationships and avoid contentious court proceedings.

Our family law team includes members of Resolution, including a Resolution Accredited Specialist. Resolution is the leading national organisation for family law professionals, dedicated to promoting a constructive approach to family issues.

Our expertise and dedication to our clients has been recognised by the prominent client guide The Legal 500. We’re also proud to hold the Law Society’s Lexcel accreditation, demonstrating our commitment to exceptional client care and practice management standards.

Unmarried Couples’ Rights FAQs

Do unmarried partners have any rights?

Whilst unmarried partners do have some rights, they’re far more limited than those of married couples or civil partners. Many people assume that living together as an unmarried couple creates a “common-law marriage” with automatic rights, but this isn’t the case in England and Wales. The concept of common-law marriage does not exist.

Unless you have legal agreements in place, you won’t be entitled to financial support from your unmarried partner after a breakup, nor will you automatically inherit their assets if they pass away. However, you may have legal rights in certain circumstances, such as property ownership or parental rights if you have children together.

How are assets divided for unmarried couples?

When an unmarried couple living together separates, assets are usually divided based on ownership rather than being shared equally. If you have joint savings, both partners have access to them. However, if an asset, such as a house, car, or business, is in one person’s name alone, the other partner has no automatic claim to it.

If you have made significant financial contributions towards a property but are not named as an owner, you may be able to make a claim under property law. However, this is complex and often requires legal action. It’s always best to plan ahead and formalise agreements in writing.

How can we protect our financial interests as an unmarried couple?

The best way to protect your legal rights as an unmarried couple is to put agreements in place while your relationship is stable. The most effective steps include:

  • Cohabitation agreements – These set out how assets, finances, and responsibilities will be handled during the relationship and if you separate.
  • Declaration of trust – If you buy property together, this legally states each partner’s financial share.
  • Making a Will – Unmarried couples don’t automatically inherit from each other, so it’s essential to specify your wishes in a Will.
  • Life insurance or pensions – You may be able to nominate your unmarried partner as a beneficiary, ensuring financial security if something happens to you.

Taking these steps can prevent unwanted legal issues when an unmarried couple breaks up and provide peace of mind for both partners.

Do unmarried partners have rights to property?

Unmarried partners’ rights regarding property always depend on ownership. If you both own the home jointly, you both have the right to live there and decide what happens to it.

However, if the property is in only one partner’s name, the other partner has no automatic right to stay or claim a share, even if they have contributed financially.

In some cases, a partner who is not a legal owner may be able to claim a beneficial interest in the property if they can prove they contributed towards its purchase or mortgage payments. However, these cases can be complicated and often require legal intervention.

If you’re an unmarried couple living together, clarifying property ownership in writing is crucial to avoid disputes later on.

Who gets the house when an unmarried couple splits up?

Rights to the ownership of the property are assigned based on prior ownership. In short, the person whose name is on the title deeds to the property will retain ownership of the house and the rights to remain living in the home.

Nevertheless, documentation such as cohabitation agreements and joint ownership will establish an alternative solution. It’s important to consult a specialist family solicitor to gain clarity on your position.

Our fees for unmarried couples

We appreciate the concerns many clients may have regarding the costs of legal advice. For this reason, we offer an initial meeting at a fixed rate where our local family law specialists will be able to provide an overview of your case and discuss the likely costs that will be incurred later down the line.

In almost all cases, we can offer you a fixed price for our services so you can proceed knowing exactly what to expect.

Speak to our family law solicitors in Dartford, Bexleyheath and Orpington

To speak to one of our lawyers specialising in unmarried couples in DartfordBexleyheath and Orpington  please fill in our simple enquiry form or call 020 8301 7777.