If you're buying a home with a partner you're not married to, or you're already a homeowner in an unmarried relationship, a government consultation launching this year could fundamentally reshape your legal protections. New figures paint a startling picture of how many people are caught in legal limbo when relationships sour or a partner passes away.
Court disputes involving cohabiting couples have jumped by 42% in just five years. Legal data shows that cases brought under the Trusts of Land and Appointment of Trustees Act 1996 (known as TOLATA) rose from 529 between 2015 and 2018, to 751 between 2022 and 2025. That's not a minor blip. It's a reflection of how many homeowners are discovering, too late, that living together without marriage offers almost no legal protection when things go wrong.
What's actually at stake
The current legal framework treats cohabiting couples almost like strangers when it comes to property ownership. Unlike married couples, unmarried partners have no automatic entitlement to a share of assets if the relationship breaks down. They also have no inheritance rights if a partner dies without a will.
This matters enormously in today's property market. With the UK average house price sitting at £268,132, many couples are pooling savings, combining deposits, and jointly taking out mortgages. They're making enormous financial commitments together. Yet legally, they're operating without the safeguards that marriage provides.
The disputes courts are seeing tend to hinge on the same kinds of sticky situations. One partner has contributed more to the deposit. Another has made significant renovations or paid down the mortgage substantially. Perhaps there was an informal arrangement never put in writing. When the relationship ends or someone dies suddenly, these unspoken understandings become legal nightmares.
"We're seeing more people building lives and acquiring assets together without the legal framework that applies to married couples," explains family law specialists tracking these cases. The increase isn't happening in a vacuum. Rising house prices mean larger financial stakes. More complex ownership structures mean more room for disagreement. And simply put, more couples are choosing to cohabit rather than marry, making this a housing issue that affects millions of UK homeowners.
The mortgage connection
This matters particularly if you're a first-time buyer or a younger homeowner navigating today's mortgage environment. With average two-year fixed rates around 6.6% and five-year deals at 4.92%, many couples are taking out substantial mortgages together. If one partner contributed less to the upfront deposit or has put less money into the property overall, they could find themselves with no legal claim to ownership when the relationship ends, despite years of mortgage payments.
Similarly, if you're a second-time buyer or someone entering a new relationship whilst already owning property, the legal grey areas expand further. What happens if you jointly buy with a new partner? What if you already own and they move in? The current law doesn't provide clear answers, and lawyers are reporting a growing number of cases where families become entangled in disputes over jointly owned homes.
What might change
The government's consultation will examine whether to give cohabiting partners greater financial protection when relationships break down, and potentially new inheritance rights when a partner dies intestate (without a will). These changes could look quite different from current marriage law, but the principle is straightforward: align legal rights with actual living arrangements.
For homeowners and buyers, this could mean clarity. It could mean that your contributions to a property are actually recognised in law, whether you're married or not. It could mean that if you die, your long-term partner has some legal standing to inherit, rather than your estate passing to distant relatives.
What you should do now
Don't wait for government reforms to sort out your own property situation. If you're buying a home with an unmarried partner, get proper legal documentation in place. A declaration of trust or a cohabitation agreement costs far less than a court battle later. Record who contributed what to the deposit, and be explicit about how ownership will be split.
If you're already a homeowner in a cohabiting relationship, consider formalising the arrangement. Make a will. These steps won't take long, but they'll protect both you and your partner far more effectively than hoping the law will eventually catch up.
The government's consultation is welcome news for those who've found themselves in property disputes without legal recourse. But in the meantime, you don't have to wait. Take control of your own property rights by documenting your arrangements properly today.