TL;DR
- The government has launched a consultation on new financial rights for cohabiting couples
- Over 3.5 million unmarried couples currently have very limited financial protection if they split up or if a partner passes away
- Proposed changes include rights to a share of property after separation, automatic inheritance rights without a will, and legally binding prenups
- The consultation runs until 14th August 2026, so nothing is law as of yet
The government wants to give unmarried couples stronger financial rights
If you live with your partner but aren’t married, your financial rights are currently very limited, but that could be about to change.
The government launched a consultation on 5th June that could give cohabiting couples (couples who live together but aren’t married or in a civil partnership) significantly more protection if they split up or if a partner passes away.
What’s being proposed?
There are three main changes on the table.
A share of the home after separation
If you’re not married and you split up, you currently have very limited legal claim to a property that isn’t in your name, even if you’ve lived there for years and have contributed to the household. The proposals could give cohabiting couples the right to a share of the house sale when a relationship ends.
Automatic inheritance rights
At the moment, if your partner passes without a will and you’re not married, you could be entitled to nothing, no matter how long you’ve been together. The consultation proposes giving cohabiting couples automatic inheritance rights in that situation.
Legally binding prenups
The government is also proposing making pre-nuptial and post-nuptial agreements legally binding, so couples can feel confident their financial wishes will actually be honored.
Who would this apply to?
Not every cohabiting couple would qualify automatically. The proposal is that couples would need to have lived together for at least three years or share a child. Courts would need to be satisfied that the relationship is genuine and enduring.
What this means for women specifically
The current law doesn’t just leave cohabiting couples in a difficult position financially. For women who have experienced domestic abuse, it can make leaving even harder.
Right now, if you’re not married and you’re in an abusive relationship, you can walk away with very limited financial resources, even if you’ve contributed to a home or given up work to care for children. This consultation specifically proposes better financial protections for survivors or domestic abuse leaving a relationship, regardless of marital status.
“Too many women who have suffered the horrors of domestic abuse are left destitute at the end of a relationship because they’ve been denied the rights they deserve. The outcome of our consultation will be a system which celebrates choice, autonomy, and tradition in equal measure.” – Justice Minister Baroness Levitt KC.
What should you do right now?
None of this is in place yet, it closes on 14th August 2026, after which the government will consider the findings before finalising anything. In reality, changes could still be years away.
Under current laws, an unmarried partner has no automatic right to anything you own if you pass without a will. So if you’re cohabiting and don’t have a will sorted yet, don’t wait for the law to catch up.
We want to know what you think. Are these changes long overdue, or does it not go far enough?
This content is for general information only and does not constitute financial advice. If you need advice tailored to your personal circumstances, please speak to an authorised financial adviser.