Cohabitation – what unmarried couples need to know

Cohabiting couples are the fastest-growing family type in the UK, yet the law has not kept pace. With government reform now firmly on the agenda for 2026, this is a crucial moment for unmarried couples to understand their legal position and what may be about to change.

One of the biggest misconceptions we regularly see at Ness Gallagher is the idea of a “common law marriage.” In reality, no such legal status exists in Scotland. No matter how long you have lived together, you do not automatically gain rights to:

• Your partner's property
• Financial support after separation
• Pension sharing
• Inheritance (without a will)

While long-term cohabitation offers some limited legal protections, it does not provide the same rights as marriage or civil partnership, regardless of how long a couple has lived together. Even long-term partners or those with children can find themselves in a legally vulnerable position if the relationship ends.

There are now millions of cohabiting couples in the UK, and the number continues to rise sharply. Despite this, the law still largely treats cohabiting couples as financially independent individuals, which can lead to disputes over property ownership, financial imbalance where one partner has sacrificed career or income, uncertainty and costly litigation.

A formal consultation on cohabitation law reform is expected later this year, with the aim of improving fairness and protection, and modernising the definition of cohabitation.lementing these changes, which aim to broaden financial provisions, extend the 1-year time limit for claims, and modernise the definition of cohabitation. However, any actual legal changes are unlikely to come into force before 2027–2028.

Couples who live together, but are not married or in a civil partnership, should therefore take proactive steps to protect themselves. A legally drafted Cohabitation Agreement can set out:

• who owns what
• how finances are shared
• what happens if you separate

These agreements are becoming increasingly common, and we have already seen a significant rise in uptake this year so far. If you own a home together, this will ensure your legal and beneficial interests are clearly recorded.

Additionally it is important you make a Will. Without one, your partner may not inherit anything automatically.

Cohabitation law is finally receiving the attention it deserves, and reform could mark a significant shift in how unmarried couples are protected. But until those changes arrive, the reality remains the same: cohabiting couples do not have the same legal rights as married couples or civil partners. Clarity at the outset is far more cost-effective than resolving disputes later. Planning ahead isn’t pessimistic – it’s practical.