Samuel Isaac and Philippa Kum explore cohabitation risks and legal realities in WealthBriefing

Samuel Isaac and Philippa Kum, Associates in our Family & Relationships team, use Sabrina Carpenter’s “House Tour” as a springboard to explore the legal realities of cohabitation and the risks that can arise when couples rely on informal promises rather than legal protections.

They explain that, despite cohabitation becoming increasingly common in England and Wales, the legal framework has not kept pace. Many people mistakenly believe in the concept of “common law marriage”, but cohabiting partners do not automatically acquire rights to property, finances, or inheritance. This can leave one party financially exposed following a relationship breakdown.

In the absence of a dedicated statutory regime, disputes between unmarried couples are determined using property and trust law principles. Establishing an interest in property can be complex, often requiring evidence of shared intentions or financial contributions. Claims may be brought under the Trusts of Land and Appointment of Trustees Act 1996, leading to uncertainty, cost, and lengthy litigation.

Samuel and Philippa therefore stress the importance of early legal advice and proactive planning. Measures such as cohabitation agreements and clearly defined ownership arrangements can help protect both parties, ensuring greater certainty and reducing the risk of disputes if the relationship comes to an end.

Read the full article on the WealthBriefing website [external link].

This article has also been published in Family Wealth Report [external link].