Cohabiting or married?
Day to day, there's no difference. It's when something changes – a child, a break-up, a death – that it matters whether you're married. And where you live matters as much as whether you are.
· 5 min read
This is general information, not legal advice. Rules differ between countries – and within them. For your own situation, talk to a lawyer where you live.
| What it means | |
|---|---|
| England | No legal status for cohabiting couples. No automatic inheritance and no duty to support each other. |
| Australia | De facto relationships of two years or more – or with a child – can divide property under the same principles as married couples. |
| Canada | Common-law partners for federal tax after 12 continuous months together, or with a child. Property rules depend on the province. |
| United States | Depends on the state. Most states don't recognise common-law marriage. |
- England
- No legal status for cohabiting couples. No automatic inheritance and no duty to support each other.
- Australia
- De facto relationships of two years or more – or with a child – can divide property under the same principles as married couples.
- Canada
- Common-law partners for federal tax after 12 continuous months together, or with a child. Property rules depend on the province.
- United States
- Depends on the state. Most states don't recognise common-law marriage.
Is there common-law marriage in England?
There is no legal status of common-law marriage in England, however long you've lived together and whether or not you have children. If one partner dies without a will, the other doesn't automatically inherit anything – unless they owned property jointly. Neither partner has a legal duty to support the other.
If the home is in one name, the other partner may still be able to claim a share – a 'beneficial interest' – for example by showing what they contributed. An unmarried father gets parental responsibility through specific routes, such as being registered on the birth certificate.
That may change. In June 2026 the UK government opened a consultation on new rights for cohabiting couples who have lived together for at least three years or have a child – including a share of the home and automatic inheritance without a will. It is a proposal, not yet law.
What is a de facto relationship in Australia?
Since 1 March 2009, separating de facto couples can ask the court to decide property and finances in the same way as married couples. You need to have lived together for at least two years, have a child together, or have registered the relationship. Applications must be made within two years of separating.
Who counts as a common-law partner in Canada?
For federal tax, you are common-law partners when you have lived together in a conjugal relationship for at least 12 continuous months – or sooner, if you are the parents of a child. What happens to property when you separate depends on the province you live in.
What you can do yourselves
- Write wills, if you want to provide for each other.
- Put down in writing who owns what, and who paid what towards the home.
- Check the beneficiaries on your pensions and life insurance.
- Consider a cohabitation agreement – and find out how it's treated where you live.
Common questions
- Is common-law marriage real in the UK?
- Not in England. Cohabiting couples have no automatic rights as a couple, however long they have lived together.
- Do unmarried partners inherit without a will?
- In England, no – unless they owned property jointly. Rules differ in other countries, so check where you live.
Sources
- Living together and marriage – legal differences (England) – Citizens Advice
- Millions of unmarried couples to get stronger rights – GOV.UK
- De facto relationships – Federal Circuit and Family Court of Australia
- Marital status – Canada Revenue Agency