Separating when you're not married — the honest survival guide
REVIEWED BY: Sean McNamara on 2026-08-29
The bad news first
If you lived with a partner but never married or formed a civil partnership, you have very few legal rights when you split. There is no "common-law marriage" in England and Wales. You cannot claim:
- Maintenance for yourself
- A share of their pension
- Automatic inheritance if they die without a will
- A court-ordered division of the whole asset pot
This is the law, and no court can change it for you.
The good news: children's rights are the same
- Child arrangements orders (C100) work exactly the same for unmarried parents
- Child maintenance via the CMS applies exactly the same
- Schedule 1 Children Act 1989 claims allow provision for the child (housing, lump sums) — but not for you personally
The property trap
If the family home is in your partner's sole name, you have no automatic right to stay or claim a share. You may have a beneficial interest if:
- You contributed to the purchase price or mortgage
- There was a common intention that you'd share ownership
- See our trust law guide for the full picture
If the home is in joint names, you own it jointly — and you'll need to resolve the shares (see our trust law and cohabitation guides).
Your practical steps
1. Get legal advice on property — a TOLATA claim (Trusts of Land Act) is complex but possible 2. Sort out the children — C100, CMS, parenting plan (same as married parents) 3. Protect your finances — set up your own accounts, change direct debits, claim benefits you're entitled to 4. Make a will — unmarried partners inherit nothing under intestacy 5. Consider a cohabitation agreement for future relationships
The honest lesson
Many people discover too late that living together gives them almost no legal protection. If you're reading this before separation: consider a cohabitation agreement and wills now. If you're reading this after: focus on the children and the property you can prove an interest in.
Official links
- Cohabitation rights: https://www.gov.uk/living-together-and-marriage
- Property claims: https://www.gov.uk/marriage-cohabitation-and-civil-partnerships-financial-settlement
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.