17 minutes | Wednesday, 11 March 2026
What legal rights do couples actually have when they live together but aren’t married? It’s a question many people assume they know the answer to — but the reality under UK law often comes as a surprise.
In this episode of Law for Life, Chris is joined by Zoe Hale from the Family Law team at Franklins Solicitors to explore the often-misunderstood world of cohabitation law. As more couples choose to live together without marrying, understanding the legal implications of sharing a home, finances and assets has never been more important.
One of the biggest myths addressed in this discussion is the idea of the “common law marriage”. Many people believe that living together for a certain number of years automatically gives them the same legal rights as a married couple — but in England and Wales, that simply isn’t the case. Zoe explains why this misconception persists and what the law actually says.
The conversation looks at what happens when unmarried couples buy property together, how ownership structures such as joint tenancy and tenants in common affect rights, and what can happen if a relationship breaks down. The episode also explains the legal framework used when disputes arise, including the Trusts of Land and Appointment of Trustees Act 1996, often referred to as TOLATA.
Chris and Zoe also discuss practical steps couples can take to protect themselves before moving in together. One key option is a cohabitation agreement — a legal document that sets out how finances, property and responsibilities will be handled during the relationship and what should happen if it ends. While it may feel unromantic to plan for the possibility of separation, it can prevent significant disputes later on.
The episode explores how these agreements work, what information is needed to create one, and why each partner should obtain independent legal advice before signing. Zoe also explains the difference between a declaration of trust and a cohabitation agreement, and how they can work together to provide clarity over property ownership and financial arrangements.
Other topics covered include joint bank accounts, savings disputes, household expenses, financial disclosure, and how agreements should be reviewed when major life events occur — such as having children, receiving an inheritance or changes in employment.
With cohabitation becoming increasingly common, this episode provides essential insight into an area of law that many people don’t fully understand until it’s too late. Whether you’re planning to move in with a partner, already sharing a home, or simply curious about your legal rights, this discussion offers clear and practical guidance on how to protect yourself and plan ahead.
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