There is no such thing as a “common law” husband or wife. It's made up, has no legal status and is used by journalists not lawyers.
No matter how long you have lived together, how many children you have, or how intertwined your finances are, cohabitation carries no automatic legal rights in England and Wales. This is one of the most persistent myths in family law, and one of the most financially damaging to believe.
If you are separating from a partner you were not married to, the law that applies to you is very different from divorce law, and the options available depend significantly on whether you have children together and how property between you is held.
Property claims
Even where property is held in one person's name only, it may be possible to establish a beneficial interest in it under the Trust of Land and Appointment of Trustees Act 1996 (TOLATA). This applies where you can demonstrate a financial contribution to the property, or where there was a shared understanding that you would have a stake in it. If a claim is established, the next question is how that interest is realised: through a sale, a buyout, or some other arrangement.
These claims can be complex and are not guaranteed. Taking advice early, before positions become entrenched, is almost always the better approach.
If you have children together
Where children are involved, the position is more substantial. Under Schedule 1 of the Children Act 1989, financial claims can be made on behalf of dependent children, covering maintenance, housing and other necessities for as long as the children are dependent, which can extend through university education.
Unless a high earner is involved, child maintenance is ordinarily dealt with through the Child Maintenance Service. In higher earner cases, it is common practice to use the CMS formula as a starting point, with additional claims considered on top. The court may also make provision for the financially weaker parent, covering costs such as housing, a car, furniture or school fees where appropriate. These claims are time-limited to the child's dependency and do not provide for the parent independently.
If you do not have children
Without children, claims are limited to property disputes. There is no independent financial claim against a former partner simply on the basis of having lived together.
Cohabitation agreements
The clearest way to protect your position is to put a cohabitation agreement in place before a dispute arises. A well-drafted agreement sets out how property is owned and what happens on separation. It will not cover every eventuality, but it significantly reduces the scope for costly disagreement later.
A note on reform
The Government launched a formal consultation on cohabitation rights in June 2026, with proposals to introduce a statutory framework of protections for eligible cohabiting couples on separation. Any reforms are unlikely to come into effect for some time, and the current law applies in the meantime. We will keep clients informed as the position develops.
Costs
A negotiated settlement will involve the exchange of evidence and correspondence with the other party. You can expect a minimum of £5,000 to £7,500 plus VAT for this work. If agreement cannot be reached and the matter proceeds to court, we will give you a more specific costs estimate once we understand the full picture. Please see our fees and funding page for more information.
Funding your case
Legal fees can be high and come at a time of uncertainty, there is no hiding this. We realise this and want to ensure that instructing FLC is something which involves openness on the likely costs and how these can be met.
We have set out our hourly rates and what can be expected in terms of costs here. We have also set out the various options available for funding your case.
We accept: Litigation loans, credit or debit cards, bank transfer.
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We have been living as common-law husband and wife, surely I have rights?
There is no such thing as common law husband and wife. Unless you are married or in a civil partnership, you do not have any financial claims over each other as a result of your relationship.
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My long-term partner has kicked me out of our home, what can I do?
If the property is in your joint names, your partner has no right to kick you out. If they will not let you re-enter the property, contact the police for assistance. However, if tensions are such that you no longer feel safe around your partner consider whether it may be sensible to obtain the protection of a non-molestation order before returning to the property.
If the property is in your partner’s name and you have no legal entitlement over it, then they can withdraw their consent for you to live in the property. If you have financially contributed to the property and there was an agreement between you and your partner that you had an interest in the property, you may be able to establish a beneficial interest and therefore establish some rights over it.
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My ex will not contribute to the cost of our children, what can I do?
Make an application for child support through the CMS. They will deal with collecting the money from your partner and getting this to you. The details can be found here.
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I used some inheritance to help my ex-partner clear their mortgage and now he’s refusing to repay it and I am not on the title deeds to the property, what can I do?
Speak to a lawyer about whether you have a case to establish a beneficial interest in the property or whether the matter would be better dealt with through the civil courts for the return of your funds. However, if the money you inherited was a gift to your ex-partner then you will not have a claim. You cannot retrospectively withdraw gifts following a break up.
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My ex and I jointly own a property, but they are refusing to sell it, what are my options?
If your ex will not agree to sell the property then you will need to get a court order. Usually after a relationship has ended there is an expectation for jointly owned property to either be sold or for one party to buy out the other. There can be exceptions to this, for example, when a property is required to house children.