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Your legal rights if you're not married or in a civil partnership

Even if you’ve been living with someone for years or have children together, you don’t have the same rights as someone who’s married or in a civil partnership.

You have equal rights to anything you jointly own but no automatic rights to anything owned only by your partner. This includes:

• money
  
• property
  
• furniture and belongings

Dividing money when you split up

When you split up, your partner usually has no rights to a personal bank account in your name only.

They also have no responsibility to help you pay debts in your name - even if you both built up those debts. For more information, see ‘Splitting money and possessions if you’re not married or in a civil partnership’.

• Splitting money and possessions if you're not married or in a civil partnership

Your property rights when you split up

Your rights to property you share with your partner will vary, depending on:

• whether you rent or own
  
• who you rent from
  
• whose name any mortgage is in

For more information, see ‘Housing and property if you split up and aren’t married or in a civil partnership’.

• Housing and property if you're not married or in a civil partnership

Paying maintenance when you split up

You will not have the legal right to any maintenance (regular payments of money) from your partner if you split up. Nor will your partner have the legal right to ask for maintenance from you.

This is the case even if one of you gave up work to look after your children or support the other’s career.

You or your partner may have to make child maintenance payments for children you have together - you will both remain responsible for any children.

Child maintenance payments can be informally agreed between you and your partner. Formal arrangements can be made through the Child Support Agency or court.

• Child Maintenance Options Opens new window

Dividing furniture and other belongings when you split up

You’ll need to try and reach agreement with your partner about how to split up furniture or possessions. In general terms, you can legally own things ‘jointly’ (between you) or ‘separately’ (on your own).

For example, you may have bought some items with your own money to use yourself. These would usually be classed as being owned ‘separately’. But other items you have bought together may be ‘jointly’ owned.

For more information, see ‘Splitting money and possessions if you’re not married or in a civil partnership’.

• Splitting money and possessions if you're not married or in a civil partnership

Mediation – reaching an agreement when you split up

There isn’t an official process to follow if you and your partner split up and aren’t married.

However, if you need help coming to an agreement about money, property or your children, you can use mediation.

A mediator is an independent person who will help you and your partner to negotiate an agreement. The mediator won't take sides and your discussions will remain private.

If you use a mediator instead of going to court, it could save you a lot of time and money.

You will have to pay a mediator, but you may be able to get the cost paid for by legal aid. You can check if you're eligible for legal aid by using the legal aid calculator.

You can find more information by following the link 'Mediation to solve problems when you split up' below.

• Legal aid eligibility calculator Opens new window

• Mediation to solve problems when you split up

Making an agreement legally binding

If you can reach an agreement with your partner, you may want to make it legally binding. If you do this, there's less chance of disagreements later. You can find out how by following the link 'Legal agreements if you split up or separate' below.

• Legal agreements if you split up or separate

What happens if you can't reach an agreement

If you and your partner can’t come to an agreement you may have to go to court. You should think carefully before doing this as it can take a lot of time and money.

If you're eligible for legal aid, you can get free advice from Community Legal Advice. If you're not eligible for legal aid, Community Legal Advice can put you in touch with organisations who can help.

You can also get advice from a solicitor.

• Legal aid eligibility calculator Opens new window

• Community Legal Advice

• Find a legal adviser Opens new window