Many couples misunderstand their legal rights after separating. Learn what happens to property and finances when you’re not married.

When a couple separates, there’s often confusion about what each person is entitled to — especially if they weren’t married.

We often hear things like:

“But I paid into the mortgage”

“We’ve been together for years — surely I have rights?”

“Everything’s in their name, does that mean I lose everything?”

The reality? It depends.

Cohabiting couples have fewer automatic rights

If you were living together but not married, you do not have the same legal protections. There is no such thing as a “common law marriage” in English law, no matter how long you’ve been together.

This can be especially difficult when it comes to property.

Property ownership matters

If the home is in one person’s name, the other may have to prove that:

  • They contributed financially (such as paying part of the deposit)
  • There was a clear agreement or expectation they’d have a share
  • Their name should have been added but wasn’t

These cases can become complex quickly — especially without anything written down.

How we can help

We help clients understand where they stand and what steps they can take to protect themselves. In many cases, we draft Cohabitation Agreements at the beginning of a relationship or Separation Agreements when things end.

These can clarify:

  • What happens next
  • Who owns what
  • Who contributed to what

Talk to someone early

It’s better to ask early than to assume. A short conversation now can save months of stress later.

Call us on 0161 434 0600 or email info@didsburyfamilylaw.com to speak with a solicitor who understands.

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