Editor's note: This brief was summarised by The Property AI Newsroom from a report by Property Industry Eye. Read the original article for full details.

Government Launches Consultation on Legal Rights of Cohabiting Couples

The government has launched a consultation to review the legal rights of cohabiting couples, prompted by a rise in property disputes involving unmarried homeowners. The consultation will consider whether current laws offer sufficient protection for couples who live together but are not married or in a civil partnership.

The review comes amid concerns that many cohabiting couples are unaware of their limited legal rights when relationships end. Recent analysis has shown an increase in disputes over property ownership and financial interests between cohabiting couples, with legal experts highlighting that factors such as rising house prices, larger deposits, and complex ownership arrangements are contributing to more cases reaching the courts.

Irwin Mitchell, a law firm specialising in cohabitation disputes, reported a rise in claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The firm identified 529 relevant court judgments between 2015 and 2018, increasing to 751 between 2022 and 2025. These cases often involve disagreements over property ownership, deposit contributions, mortgage payments, renovations, and informal arrangements that were not formally documented.

The issue is increasingly relevant to the UK housing market, as the number of cohabiting couples continues to grow. The consultation will also consider potential reforms to provide greater financial protection for cohabiting partners on separation and new inheritance rights where a partner dies without a will.

Legal professionals have noted that disputes are not limited to relationship breakdowns, but also arise following the death of a partner or when wider family members have jointly invested in property. There are also cases where individuals have not updated their wills or ended previous marriages, leading to complex legal situations for families and partners.

With more than three million couples now living together without marrying, the government’s consultation is seen as a significant step in addressing the gap between modern relationships and the current legal framework. However, the law has not yet changed, and unmarried cohabiting couples are advised not to assume they have the same rights as married couples. Practical steps such as making a will and entering into a cohabitation agreement remain important.