Cohabiting in England: Your Rights, Property, Children & Why ‘Common Law Marriage’ Is a Myth

What are your rights if you live together but you’re not married? In this episode, Associate Solicitor at Berry & Lamberts Solicitors, Janet Raeburn, speaks with Dhruva about cohabitation and the legal myths that still catch couples out - especially the idea of “common law marriage”. She explains why the law treats cohabitees differently from married couples/civil partners, what that can mean if you separate, and why it matters even more when children are involved. In particular, unmarried partners don’t automatically have the same financial claims on separation - including no automatic right to share a partner’s pension and no entitlement to ongoing financial support for themselves (beyond child maintenance). In this conversation we cover: • What “cohabitation” means legally in England • The truth about “common law marriage” • Property and contributions: buying together, uneven deposits, or moving into one partner’s home • How to protect yourself financially (including cohabitation agreements) • Unmarried parents: key points to know about children and legal protections • What happens on separation and common areas of dispute This episode is for anyone thinking of moving in together, already cohabiting, or supporting a friend or family member through a separation. This is general information only, it is not intended as legal advice. If you need advice on your specific situation, speak to a qualified solicitor.