What happens if we break up (and aren't married)?
There is no such thing as 'Common Law Marriage' in UK law. This is a dangerous myth that leaves thousands of people vulnerable every year. If you are unmarried, you do not automatically inherit property, you are not entitled to maintenance, and you have no automatic rights to your partner's pension, no matter how long you have lived together.
1 The Typical Timeline
If you take no action, this is the standard statutory process. Timescales are approximate but typical for 2026.
Separation & Security
One partner moves out. If sole owner, they can change locks. Determine if you have a right to occupy.
Asset & Debt Review
List all assets. Joint debts (loans, overdrafts) remain 100% liable to `BOTH` of you. Freeze joint accounts.
TOLATA Claims
If claiming a beneficial interest, you may need to file a TOLATA claim. Mediation is strongly recommended first.
2 Free Calculators & Checks
Cohabitation Rights Checker: Answer 5 questions to see if you have a valid claim to the property or assets.
Cohabitation Rights Checker
Warning: "Common Law Marriage" is a myth. Unmarried couples have significantly fewer rights than married ones, no matter how long they've lived together.
This checker will assess your likely claim to the property or assets after a breakup.
Property Equity Split Calculator: Estimate your share of the house equity based on your contributions and ownership type.
Property Equity Splitter
Check your TR1 form or Land Registry title.
Select an ownership type to see the split.
If you did nothing when buying, you are likely Joint Tenants.
The 'Common Law' Myth vs Reality
Many couples believe that after living together for a certain time (e.g., 2 years or 7 years), they get the same rights as married couples. This is false.
The Reality:
- No Automatic Rights: You have no right to your partner's assets just because you lived together.
- No Maintenance: You cannot claim 'spousal support' even if you gave up work to raise children.
- No Pension Rights: You usually cannot claim a share of their pension unless named as a beneficiary.
Your Rights to the Home (TOLATA)
Disputes for unmarried couples are handled under property law (TOLATA 1996), not family law. This means the court looks at who legally owns the bricks and mortar, not what is 'fair'.
1. Joint Tenants: You likely own 50% of the equity each, regardless of who paid the deposit or mortgage, unless you can prove fraud or mistake.
2. Tenants in Common: You own specific shares (e.g., 60/40) as defined in your deeds or 'Declaration of Trust'.
3. Sole Owner: If your partner is the sole owner, you generally have NO right to the equity. To claim a share, you must prove a 'Beneficial Interest' by showing:
- You made payments towards the mortgage (not just bills/food).
- There was an express agreement/promise that you would own a share.
What if we have children? (Schedule 1)
If you have children, the court has powers under Schedule 1 of the Children Act 1989 to protect them.
- The court can order the wealthy partner to provide a house for the child to live in until they are 18.
- Key Caveat: The house usually reverts back to the wealthy partner once the child turns 18. You do not get to keep it.
Summary of Options
Check Title Deeds
Download your property title from Land Registry (£3) to see if you are Joint Tenants or Tenants in Common.
Separation Agreement
Draft a formal contract agreeing who keeps the car, pets, furniture, and how to split the deposit.
Protect Your Beneficial Interest
If you contributed to a partner's mortgage, speak to a solicitor about registering a 'Unilateral Notice' or 'Restriction'.
Common Questions
Do I get half the house if we have kids?
Not automatically. However, under Schedule 1 of the Children Act 1989, a court can let the primary carer stay in the home until the child is 18 to ensure the child is housed. This does not give you ownership, just a right to occupy.
I paid all the utility bills for 10 years, do I own a share?
Likely no. Paying for 'consumables' (bills, food, holidays) rarely creates a 'Beneficial Interest' in the property. You usually need to prove you paid towards the mortgage or renovations that added value.
Can I claim their pension?
No, not automatically. Unlike divorce, pension sharing orders do not exist for unmarried couples. You are only entitled if they nominated you as a beneficiary on their policy.
What is a Separation Agreement?
It is a written contract setting out how you will split assets and debts. While not always strictly binding like a court order, courts often uphold them if they are fair and properly drafted.
My partner promised me 'half the house' verbally. Does that count?
It is very hard to prove, but this is known as 'Proprietary Estoppel'. If you relied on that promise to your detriment (e.g., sold your own house to move in), you might have a claim. You need legal advice.
Official Sources & References
Related Situations
Other guides accurately explaining what happens next in housing .
What happens if I receive a Section 21 notice?
A Section 21 'No Fault' notice is the start of a long legal process, not the end of your tenancy. You do not have to leave on the notice date, and many notices are legally invalid.
What happens if I stop paying my energy bills?
Stopping energy payments triggers a series of escalations from the supplier, including forced prepayment meters and potentially CCJs. However, there are strict protections for vulnerable people.
What happens if my landlord sells the property?
A landlord selling does NOT mean you have to leave immediately. You often have the right to stay as a 'Sitting Tenant' until your contract ends.