Between 1996 and 2016, cohabiting couples were recorded by the Office for National Statistics as the fastest growing family type in the UK. In 2016, there were around 3.3 million, representing 17.5% of all families.

National law firm Mills & Reeve commissioned the YouGov study, which questioned over 1,000 couples from different parts of the UK. 35% of those surveyed either didn’t know whether they had the same rights as married people, or believed they did. This demonstrated a surprising lack of awareness of the rights of couples who live together but are not legally married, as these couples do not have the same rights.

Confusion over home ownership

The study also found that 35% of couples were unaware that if they and their partner own their home as beneficial joint tenants, the value is divided 50:50 following separation regardless of how much money each party contributed. Just 14% bought their property as tenants in common, which involves specifying the percentage each party owners. This can help to avoid complicated and lengthy disputes if the couple split up, but just 33% were given professional advice on this and other ownership structures when purchasing their current home.

Worryingly, 60% of those asked weren’t aware that if they are beneficial joint tenants and they die, their share in the property will automatically pass to their surviving partner – no matter what they may have stipulated in their will.

Mills & Reeve partner Alison Bull commented on the findings and the ineffectiveness of legislation such as the Cohabitation Rights Bill, saying:

"The law surrounding cohabitation can result in terribly unfair results and cases are often complex, lengthy and expensive. Also, the 'loser' can also end up paying the other party's costs.

"There are more and more people living together and choosing not to get married or enter into civil partnerships. Society is changing and the legal system needs to catch up. What we have is a set of archaic laws that do not protect cohabiting couples –and there is clearly demand for change."

Cohabitation agreements

It is possible to protect yourself and your partner when purchasing a home or entering into any other financial partnership with your significant other, but the YouGov survey showed that most people are unaware of this. You can set up a cohabitation agreement, a wealth protection measure that is legally binding. Researchers found that just 2% of cohabiting couples had such an agreement in place, while 76% had never heard of such a measure.

Need expert advice on cohabitation? Contact Wirral family law specialist Tracey Miller Family Law to find out more about protecting your rights and assets.