The Government has launched a long-awaited consultation on reforming cohabitation laws as new figures reveal a sharp rise in property disputes involving unmarried couples.
Law firm Irwin Mitchell has reported a 42% increase in court judgments relating to property ownership disputes under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), highlighting growing legal risks for the UK’s expanding population of cohabiting couples.
The research identified 529 relevant court judgments between 2015 and 2018, rising to 751 between 2022 and 2025.
The findings come as ministers consider reforms that could provide greater financial protection for cohabiting partners when relationships break down, as well as new inheritance rights where a partner dies without leaving a will.
BIG SHIFT
The consultation marks a potentially significant shift in family law, reflecting changing social trends. More than three million couples in the UK now live together without marrying, yet many remain unaware they do not benefit from the same legal protections as married couples.
Property disputes involving cohabiting partners frequently centre on disagreements over ownership shares, deposit contributions, mortgage repayments, renovations and informal financial arrangements that were never formally documented.
Legal experts say such disputes are becoming increasingly common as more couples purchase homes together without putting formal agreements in place.
Irwin Mitchell’s data also suggests the issue extends beyond relationship breakdowns, with a growing number of cases arising following the death of a partner or involving wider family members who have jointly invested in property.
DISPUTE RISE
Erin Sawyer, Partner in the Family Law team at Irwin Mitchell, says: “We welcome the Government launching this consultation. It’s an important step towards addressing a gap between modern relationships and the current legal framework.
“Our data shows a clear rise in disputes over property and finances between cohabiting couples and co-owners. That increase underlines that something needs to be done to provide greater clarity and protection.
“We are seeing more people building lives and acquiring assets together without the legal framework that applies to married couples. When relationships break down, or one partner dies, the consequences can be complex and difficult to resolve.”
DIFFICULT POSITION
Stephanie Kerr, a lawyer specialising in wills, trusts and estate disputes at Irwin Mitchell, adds: “We’re increasingly advising on situations where someone has entered a new relationship but hasn’t updated their Will or legally ended a previous marriage.
“That can leave families and partners in very difficult positions, particularly given that cohabitees don’t have the same rights as spouses and may need to bring a claim to seek provision.”
PRACTICAL STEPS
Richard Shaw, family lawyer and cohabitation dispute expert, says the consultation represents a welcome opportunity for reform but warned that significant challenges remain.
“Reform in this area is long overdue, but the detail will be crucial. The challenge will be creating a system that provides fairness and certainty without creating further disputes,” he says.
“In the meantime, the law has not yet changed. Unmarried cohabiting couples should not assume they have the same rights as those who are married, and taking practical steps such as making a Will and entering into a cohabitation agreement remains essential.”
