Cohabitee Rights to Property When You Have Young Children

Many couples live together, buy homes together, raise children together and build lives together without ever getting married. But when relationships break down, one of the biggest problems people face is that cohabiting partners do not have the same legal protections as married couples.

In England and Wales, there is no such thing as a “common law marriage,” no matter how long you have lived together or whether you have children. If you are a cohabitee with young children, understanding your rights to property and housing is essential.

Do Cohabiting Partners Have Automatic Rights to Property?

Not necessarily. Your rights depend largely on whose name is on the property, how the property is owned, whether you contributed financially and whether children are involved. Unlike divorce proceedings, there is no automatic legal framework for dividing assets fairly between unmarried couples.

What if the Property Is Jointly Owned?

Where both partners are named on the deeds, there is usually a stronger legal basis for claiming a share of the property. There are two common ways property is jointly owned:

• Joint Tenants: This usually means both parties own the property equally. If the relationship ends, the starting point is typically a 50/50 split unless there is evidence showing otherwise.

• Tenants in Common: This allows each person to own different percentages of the property. For example, one partner may own 70% and the other 30%. Disputes about ownership are often dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (commonly called TOLATA).

What if the Property Is in One Person’s Name?

If the home belongs solely to one partner, the other partner does not automatically gain ownership rights simply by living there, paying household bills or raising children in the property. However, a non-owning partner may still be able to establish a “beneficial interest” in the property. This usually requires evidence such as:

• Contributions to the deposit
• Mortgage payments
• Funding major renovations or improvements;
• Evidence of a shared understanding that the property would belong to both partners.

Each case depends heavily on the facts and available evidence.

How Having Young Children Changes Things

Although cohabiting partners have limited property rights compared to married couples, the law does recognise the needs of children. Under Schedule 1 of the Children Act 1989, the court can make financial and housing arrangements for the benefit of children. This may include allowing the primary carer and children to remain in the family home, providing financial support or setting up a property arrangement until the child turns 18 or finishes education. Importantly, this does not usually mean the non-owning parent permanently receives part of the property. Instead, the court focuses on ensuring the children have stable housing.

Can a Parent Stay in the Home?

A court can make an occupation order, which allows one parent to remain in the property temporarily, particularly where young children are involved or there are welfare concerns. These orders are usually temporary and depend on the circumstances of the case.

Does Child Maintenance Still Apply if I Leave the Home?

Regardless of whether parents are married, both remain financially responsible for their children. Child maintenance is separate from property ownership and may still be payable even if one parent leaves the home.

Why Wills Matter for Cohabiting Couples

Another major issue for unmarried couples is inheritance. If one partner dies without a will, the surviving cohabitee does not automatically inherit the property or estate, even after many years together. For couples with children, making a will is one of the most important ways to protect the family home and avoid future disputes.

Practical Steps to Protect Yourself

If you are cohabiting and have children, it is wise to take proactive legal and financial steps, including:

• Checking whose name is on the title deeds
• Keeping records of financial contributions
• Considering a cohabitation agreement
• Making wills
• Seeking legal advice early if the relationship is breaking down.

Cohabiting families are increasingly common, but the law has not fully caught up with modern family life. When young children are involved, the courts do have powers to help protect their housing and welfare needs. However, cohabiting partners should not assume they have the same rights as married couples. Understanding your position early can make a significant difference in protecting both your home and your children’s stability.

Our expert team at Hopkins Solicitors have many years of experience supporting married and unmarried couples through divorce and separation processes. If you would like to discuss how we can support you, please click the “Request a Callback” button below or give us a call on 01623 468 468.