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Cohabitation definition

What does Cohabitation mean? Cohabitation describes two adults living together as a couple outside marriage or civil partnership. The term is used across family, housing, succession and adoption law to determine eligibility for rights, remedies and obligations. There is no single definition; legislation and case law define or describe cohabitation by context and jurisdiction. In England and Wales, “cohabitants” is defined in Family Law Act 1996 s62(1)(a) as two persons not married to or civil partners of each other but living together as if married or as if civil partners. Succession claims under the Inheritance (Provision for Family and Dependants) Act 1975...

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Cohabitation definitions and reform in England and Wales: statutes, Law Commission recommendations, private members’ bills, and the 2026 consultation

Published by a LexisNexis Family expert
Practice notes
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Practice Note

This Practice Note outlines the differing statutory meanings of cohabitation, for both same- and different-sex partners, alongside the Law Commission’s proposals on cohabitation and draft laws concerning cohabitants’ rights. It covers definitions applicable to relationships between same and different-sex couples as found in statute, and summarises legislative bills dealing with the rights of cohabitants. It also reviews calls to reform cohabitation law. Legislation employs multiple formulations for what constitutes cohabitation. Moreover, the Law Commission’s July 2007 report, Cohabitation—the financial consequences of relationship breakdown, suggested additional criteria to define cohabitation for intended legislation, which the government did not progress. The government has since confirmed an intention to consult on reform by spring 2026. See Practice Note: Case law definitions of cohabitation...

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Web page updated on 21/05/2026

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