Living together

There is no such thing as common-law marriage in England and Wales — and believing otherwise is one of the most expensive mistakes a couple can make.

Illustration: Living together

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The myth

Surveys repeatedly find that a large share of the public believes living together for long enough creates a "common-law marriage". In most countries it does not. Cohabiting couples are the fastest-growing family type across the English-speaking world — and the least protected.

Three models, and where the line falls

Broadly, three approaches coexist:

Which model applies to you is the single most consequential fact on this page, and it changes at the border — and sometimes at a state or provincial line within the same country.

What it does not change

A couple in their thirties carry cardboard boxes into their new house on a sunny spring morning

Parental status is unaffected: children have the same rights regardless of their parents' marital status. How an unmarried father acquires parental responsibility does vary, and it is worth confirming rather than assuming.

How to protect yourselves without marrying

An unmarried father signs the recognition of his child at the registry office, his partner and baby beside him

On separation

No procedure is needed — you simply separate. The difficulties arise over jointly owned property and unequal contributions, which is why keeping records of who paid what, and agreeing the position in advance, matters far more for unmarried couples than for married ones.

What the law provides: the example of France

The French Civil Code defines cohabitation (concubinage) as a de facto union, marked by a stable and continuous shared life, between two people of different sexes or of the same sex (French Civil Code, art. 515-8). No formality is needed to be cohabiting partners: the shared life can be proven by any means, for example bills or statements from relatives and friends (Service-public.fr, 2026).

Rented housing. If only one of you signed the lease, the other is not a tenant: when the signatory gives notice, the other must leave at the latest when they do. In privately rented unfurnished housing, however, the partner can have the lease transferred when the signatory dies or abandons the home (a sudden, unforeseeable departure, or one made unavoidable by their health), provided the relationship was publicly known and they had lived together for at least one year (Service-public.fr, 2026).

Passing on assets. What a cohabiting partner receives under a will is taxed at 60%, the rate that applies between unrelated people (French General Tax Code, art. 777). Life insurance escapes this scale: for premiums paid since 13 October 1998 while the insured person was under 70, each beneficiary is entitled to an allowance of €152,500, then a 20% levy up to €700,000 and 31.25% above that; older premiums, or premiums paid after 70, follow other rules (impots.gouv.fr, 2026).

Children. Parental authority is exercised jointly by both parents. But if parentage is established for the second parent more than a year after the birth, or is declared by a court, the first parent exercises it alone (the article also provides for a specific case of medically assisted reproduction); joint exercise then requires a joint declaration to the court registry or a decision by the family judge (French Civil Code, art. 372).

When living together means sharing: the example of New Zealand

In New Zealand, unmarried couples who have lived together for more than three years fall under the same law as married couples: on separation, their relationship property is divided equally, unless the court considers that extremely unfair (New Zealand Ministry of Justice, 2026). Below three years, the law does not normally apply: the court can order a division only if there is a child of the relationship or the applicant made a substantial contribution, and if failing to do so would cause serious injustice; each partner's share then depends on their contribution (Property (Relationships) Act 1976, s 14A).

The law differs between countries

This topic falls under the same framework as partnerships and cohabitation, whose main page carries a detailed entry for each of the twenty countries covered.

Sources

  1. Women, Business and the Law — World Bank, accessed 2026
  2. Je suis bénéficiaire d'une assurance-vie, comment la déclarer ? — French Public Finances Directorate General, impots.gouv.fr, 2026 (in French): €152,500 allowance per beneficiary for premiums paid before age 70, then 20% up to €700,000
  3. How the Family Court divides relationship property — New Zealand Ministry of Justice, 2026: married or de facto couples together for more than three years: equal sharing of relationship property
  4. Code civil, article 515-8 (définition du concubinage) — Légifrance, French Republic, 2026 (in French): legal definition of cohabitation: de facto union, stable and continuous shared life, opposite-sex or same-sex couples
  5. Code général des impôts, article 777 (tarif des droits de mutation à titre gratuit) — Légifrance, French Republic, 2026 (in French): 60% rate between unrelated people, which applies to a cohabiting partner
  6. Code civil, article 372 (exercice de l'autorité parentale) — Légifrance, French Republic, 2026 (in French): joint parental authority; parentage established over a year after birth: joint declaration or court decision
  7. Couple de concubins locataire de son logement : quelles sont les règles ? — Directorate of Legal and Administrative Information (DILA), Service-public.fr, 2026 (in French): cohabitation proven by any means; lease transferred to a known partner who had lived with the tenant for at least one year
  8. Property (Relationships) Act 1976, section 14A (De facto relationships of short duration) — Parliamentary Counsel Office, New Zealand Legislation, 2023: de facto relationship under three years: division only if there is a child or a substantial contribution and serious injustice without an order; shares by contribution

Official or institutional documents this page relies on, consulted on 20 October 2026. Links open in a new tab.

Content updated in . The instruments cited can change: if in doubt, confirm with the official source given.

Text written with the help of AI, under the editorial responsibility of CAPIT; human reviews are occasional (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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