Samuel Isaac and Philippa Kum discuss the legal realities facing cohabiting couples in Financial Remedies Journal
Samuel and Philippa’s article was published in Financial Remedies Journal, 15 July 2026, and can be seen here.
Samuel Isaac and Philippa Kum, Associates in our Family & Relationships team, explore the complexities of cohabitation law in England and Wales through an unexpected lens: Sabrina Carpenter’s song, House Tour.
Using the song’s lyric, “what’s mine is now yours”, they examine the legal realities facing unmarried couples and highlight why many cohabitants remain vulnerable under the current legal framework.
The article explains that, despite the growing number of cohabiting couples and families, there is still no such thing as a “common law marriage” in England and Wales. Many people mistakenly believe that living together for a lengthy period, or having children together, automatically creates rights to a partner’s property. In reality, unmarried couples often have limited legal protection if their relationship breaks down.
Samuel and Philippa discuss how disputes between former cohabitants are typically resolved through claims under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA). To establish an interest in a property owned by their partner, an individual must usually prove that there was a common intention to share ownership and that they acted to their detriment in reliance on that understanding. These cases are often fact-specific, complex, emotionally draining and expensive to pursue.
Drawing on a fictional scenario involving Carpenter and her partner, the authors illustrate how financial contributions, renovations, mortgage payments and even significant non-financial efforts can become central to disputes about property ownership. However, outcomes remain unpredictable because courts must carefully examine the parties’ intentions, conversations and conduct throughout the relationship.
The article also considers the government's recent consultation on financial remedies reform, which proposes greater protection for cohabitants. Suggested changes include allowing eligible cohabitants to bring claims relating to housing, income, pensions and children’s needs, provided they have lived together in an enduring relationship for at least three years or have a child together. The proposals would also allow couples to opt out through a formal cohabitation agreement, supported by legal advice and financial disclosure.
Samuel and Philippa conclude that reform is increasingly necessary to reflect modern family life and provide greater certainty for unmarried couples and their children. Until any changes are introduced, they stress the importance of obtaining specialist legal advice and considering a cohabitation agreement at an early stage, helping couples avoid costly and uncertain disputes if their relationship comes to an end.
Read the full article on the Financial Remedies Journal’s website [external link].