When unmarried couples separate

This is general information, not legal advice. It covers England and Wales – Scotland and Northern Ireland have their own rules. For your own situation, talk to a solicitor.

Who owns what?

Unmarried partners have no automatic claim on each other's property or money, however long they have lived together. Each of you keeps what is in your own name. What you own together is divided according to your shares – which is why a declaration of trust, or a cohabitation agreement, is worth finding if you have one. If you can't agree about the home, either of you can ask the court to decide under section 14 of the Trusts of Land and Appointment of Trustees Act 1996.

Debts in one name belong to that person. Joint debts, like a joint loan or the Council Tax bill, are your joint responsibility.

Who can stay in the home?

If you own or rent the home jointly, you both have the same right to stay. If it is in your partner's name only, you usually have no right to stay if you are asked to leave – unless you can show a share in the home. Where there are children, a court can transfer property for the child's benefit, usually for a limited period. Read more in Buying a home together without being married.

What applies to the children?

Both parents are responsible for the costs of raising their children, whether or not they were married. You can agree child maintenance between you, or use the Child Maintenance Service. Under Schedule 1 of the Children Act 1989, a court can also order a parent to make payments for a child, pay a lump sum or provide property for the child's benefit.

An unmarried father has parental responsibility if he registered the birth jointly with the mother; otherwise he can apply for it. If you can't agree on arrangements for the children, you usually need to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. You can often get a voucher of up to £500 towards family mediation.

Is the law changing?

Perhaps. In June 2026 the government consulted on new rights for cohabiting couples who have lived together for at least three years or have a child – including a possible share of the home and automatic inheritance without a will. It is a proposal, not yet law.

What needs doing in practice?

• Tell the council when one of you moves out – the person left living alone can claim the 25 per cent single person discount on Council Tax.
• Go through your contracts: tenancy, energy, broadband, contents insurance and subscriptions.
• Talk to your bank or lender about joint accounts and joint loans.
• Even out the last shared costs, so nothing is left hanging.
• If you have children: agree a child arrangements plan, or book a MIAM.
• Keep copies of receipts, agreements and warranties you may both need.