Family Solicitors

The unfortunate breakup of Love Island reality TV stars Molly Mae and Tommy Fury has highlighted the unique legal and financial implications that cohabiting couples may face. This article explores how the rights of cohabiting couples differ from those of married couples and why it is essential to seek legal advice to protect assets.

What Is Cohabitation?

Cohabitation refers to couples who live together without being legally married. In the UK and many other parts of the world, cohabitation has become increasingly popular, challenging the traditional view that marriage is a "must." However, despite their commitment, cohabiting couples do not automatically gain the same rights as married couples, regardless of the length of their relationship.

Differences in Rights: Marriage vs. Cohabitation

Cohabiting couples have limited legal protections compared to married couples. Key differences include:

• Property Ownership: A cohabiting partner has no automatic right to a share of property solely owned by the other partner, even if they have contributed financially to mortgage payments or home improvements.
• Financial Support: Unlike in marriage, there is no entitlement to financial support or maintenance from the other partner after a breakup.
• Inheritance: Cohabiting partners do not have an automatic right to inherit from each other under the UK’s intestacy rules, which apply when someone dies without a will. For cohabiting couples, having a will is essential.
• Parental Responsibility: Cohabiting fathers do not automatically have parental responsibility for their children unless they are named on the birth certificate, have a parental responsibility agreement, or obtain a court order.

Property Rights for Cohabiting Couples

If only one partner owns a property, the other partner has no automatic legal claim, even if they have contributed financially. For example, in the case of Molly Mae and Tommy Fury, Molly reportedly owned their £3.5 million mansion solely. In the event of a dispute, Tommy would need to prove a beneficial interest under trust law, which can be complex and uncertain.

The Role of a Cohabitation Agreement

A cohabitation agreement can help clarify each partner's rights concerning property, finances, and other key matters. Although not legally binding in the UK, a cohabitation agreement is persuasive in court if both partners freely agreed to its terms. This document can offer a structured framework for managing disputes if the relationship ends, reducing potential stress and financial risk.

How Duncan Lewis Solicitors Can Help

If you and your partner are considering moving in together and want to protect your assets, reach out to our team of specialist family lawyers. We offer initial fixed-fee appointments to help you understand your options and create a cohabitation agreement suited to your needs.

About the author

Amelia Birch Gardener is a specialist in private family law with expertise in high net worth cases involving substantial and international assets. She supports clients through divorce and separation, safeguarding their interests and adeptly handling complex financial matters. Amelia also advises on disputes involving unmarried couples, including TOLATA and Schedule 1 applications. With experience in creating tailored pre-nuptial agreements, Amelia ensures fairness while protecting clients' property and finances.

For advice in any family matter, contact Amelia via telephone or 0207 0147380 or via email at ameliabg@duncanlewis.com.

Duncan Lewis Solicitors

Duncan Lewis Solicitors' family law team is renowned for its outstanding legal services, and is ranked top tier by The Legal 500 2025 guide, which highlights its dedication to client service. The team covers a wide range of family law areas, including complex international child abduction, special guardianship orders, wardship, surrogacy, adoption, and public law children cases. They are also skilled in handling high-value divorces and cohabitation agreements.

If you need legal advice, support or assistance please call our team on 033 3772 0409.