In recent decades, the UK has made significant strides in advancing the rights of LGBTQ+ individuals and couples. Civil partnerships, same-sex marriage, and anti-discrimination legislation have all helped to improve legal protections. However, when it comes to cohabitation—especially regarding property rights—many LGBTQ+ couples are still surprised by how little the law actually protects them.
At KhanMather, we believe it’s vital for all couples, regardless of sexual orientation or gender identity, to understand their legal position—particularly when they are living together outside of marriage or civil partnership.
What is Cohabitation?
Cohabitation refers to a living arrangement where a couple lives together in a long-term relationship without being legally married or in a civil partnership. This is increasingly common across all demographics, including LGBTQ+ couples. However, despite the social recognition of such relationships, the law does not grant cohabiting couples the same rights as married couples or civil partners.
The Myth of the “Common Law Partner”
A widespread misconception is that after living together for a certain number of years, cohabiting couples become “common law” spouses and gain similar legal rights to married couples. This is simply not true under English and Welsh law. No matter how long you’ve lived together, there is no automatic right to your partner’s property, pension, or finances unless you are married or in a civil partnership.
What Rights Do Cohabiting LGBTQ+ Couples Have?
For LGBTQ+ couples who are cohabiting, legal protections are limited and often depend on ownership and contributions. Key considerations include:
- Property Ownership
If the home is in one partner’s name, the other partner usually has no automatic legal right to it, even if they have contributed to mortgage payments or renovations. You may have a claim under trust law, but such claims are complex and can be costly to pursue.
If the home is jointly owned, the nature of that ownership—whether it’s a joint tenancy or tenancy in common—will determine each partner’s share.
- Financial Contributions
A partner who has contributed financially to a property they do not legally own may have a potential claim under the principle of a constructive trust or proprietary estoppel. However, these claims require clear evidence of contribution and/or reliance and can be difficult to establish.
- Children
If the couple has children, legal rights and responsibilities are largely the same regardless of sexual orientation, but specific issues (e.g., parental responsibility, adoption, or donor conception) may require legal clarity.
What the Law Does Not Protect
- Automatic inheritance: A cohabiting partner has no right to inherit if their partner dies intestate (without a will), unless they jointly own property.
- Pensions and benefits: Entitlements under pensions or death-in-service benefits may not be automatic and may require formal nomination.
- Next of kin: Cohabiting partners may not automatically be recognised as next of kin in medical or legal situations.
How to Protect Yourself: Legal Tools for LGBTQ+ Cohabiting Couples
While the law is lacking in protections, there are steps LGBTQ+ couples can take to protect themselves and each other:
- Cohabitation Agreement
A legal document that outlines who owns what and how property, finances, and responsibilities will be dealt with if the relationship ends. This can help avoid costly disputes down the line.
- Declaration of Trust
If you’re buying a property together, a declaration of trust can specify how ownership is shared and what happens if you separate.
- Making a Will
Ensure that your partner inherits according to your wishes by writing a valid will. Without one, they may be left with nothing.
- Lasting Power of Attorney (LPA)
An LPA allows your partner to make decisions on your behalf if you become unable to do so, ensuring your wishes are respected in health or financial matters.
The Need for Reform
There have been repeated calls to introduce greater legal recognition for cohabiting couples in the UK. While the law does not discriminate based on sexual orientation, it currently fails to provide adequate protection to all cohabiting couples—LGBTQ+ and heterosexual alike—leaving many vulnerable in the event of relationship breakdown or death.
How KhanMather Can Help
At KhanMather, we are committed to promoting equality and clarity in the law. Our team can assist LGBTQ+ couples with:
- Setting up declarations of trust
- Writing wills and LPAs
- Resolving disputes around property and finances
If you are in a cohabiting relationship and want to understand or protect your legal position, contact our expert property law team today.