My partner and I aren't married. What property rights do I have on separation?

What the Law Says

The law treats unmarried cohabiting couples very differently from married couples. There is no such thing as 'common law marriage' in England and Wales — meaning cohabitants have no statutory right to claim a share of property simply because they lived together.

Property rights for unmarried partners are governed primarily by property law and trust law, not family law. The key statute is the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), which allows a person to apply to court for an order determining their beneficial interest in land — even if they are not named on the title deeds.

Under TOLATA 1996, a person may claim a beneficial interest in a property if they can show either: (i) an express agreement or understanding about sharing ownership; (ii) contributions (financial or otherwise) that give rise to a resulting or constructive trust; or (iii) reliance on a promise that led to a detriment (proprietary estoppel).

Crucially, unlike divorce, there is no power for courts to redistribute property or make financial provision orders for cohabitants — only to declare or enforce existing property rights.

Statutory Text

A person who is not a trustee of land but who is beneficially interested in it may make an application to the court for an order under this section.

— Trusts of Land and Appointment of Trustees Act 1996, s. 14 — Application by beneficiary

Statutory Text

The court may make any order it thinks fit… including an order for sale.

— Trusts of Land and Appointment of Trustees Act 1996, s. 15 — Powers of the court

Sources