Legal Considerations for Cohabiting Couples in Singapore

Last updated on June 5, 2026

Asian couple standing outside their house

Cohabitation refers to a couple living together in a long-term relationship without being legally married. This has become increasingly common in Singapore, especially for couples who wish to keep their assets separate. That said, it’s important to note that cohabitation does not create a legal marriage or confer the same legal rights as marriage under Singapore law.

In some other jurisdictions across the globe, couples who live together are considered to be in a “de facto marriage” (also known as common-law marriage) and can enjoy the same or similar rights as married couples. Examples include certain states in the United States, such as Texas and Colorado, Canada, and Australia. Some common requirements for being in a de facto marriage include living together and presenting themselves as a marriage-like couple.

In Singapore, cohabiting partners are treated as separate legal individuals even if they share a home, finances, and daily life. Disputes involving cohabiting couples are therefore governed by contract law, trust law, and property law, rather than matrimonial law. Couples in Singapore who choose to live together without being officially married should understand the legal issues that may arise and take steps to protect their interests.

Though we understand that LGBTQ+ couples form a considerable proportion of cohabiting couples in Singapore, this article focuses on cohabiting couples who have the option to get married but choose not to. However, many of the points in this article can apply to LGBTQ+ couples as well. For a more detailed discussion, you may refer to our other article on the legal challenges LGBTQ+ couples face in Singapore and the options available to address them.

What are the Key Legal Issues Cohabiting Couples Should Consider?

The following sections discuss the key legal issues conhabiting couples should consider:

Property ownership

Property ownership is often one of the most significant legal issues for cohabiting couples. If you wish to own public housing under the HDB, certain eligibility requirements have to be fulfilled based on HDB policies and schemes. Generally, two unmarried individuals cannot buy a HDB flat together unless they are both aged 35 years and above.

Alternatively, cohabiting couples where one partner is above 35 years of age can opt to own a HDB flat in that person’s sole name. However, do note that if the relationship ends, the non-owner partner generally has no legal right to the property, even if they contributed financially to the household or mortgage payments. This differs from a scenario where, if the couple were married, the non-owner’s contribution to the household would be valued when distributing assets should they divorce.

In the case of private property, there are no restrictions based on two adults who wish to own property together – ownership depends on the names listed on the title deed.

In the case where one party contributes financially to the purchase but is not on the title deed, the courts may utilise trust law to determine if the non-owner partner is entitled to a share of the property. The court does this by examining how much each party paid for the property and whether there were any common intentions for the non-owner to have a stake in the property. For example, where the non-owner partner actually paid 50% of the purchase price of a home, the court might find that there is a “presumption of resulting trust” and that the non-owner partner has a 50% interest in the property. Also, if there is compelling evidence that shows that the owner partner agreed to gift the entire property to the non-owner partner at the time of the purchase, the court might find that there is a “common intention constructive trust” and find that the non-owner partner should ultimately own the property.

In February 2026, the Court of Appeal decided upon a property dispute between a cohabiting couple where the man had paid a bigger share of the property price. The man argued that he was entitled to a bigger share because he contributed more, while the woman argued that there was a common intention for both of them to own the property equally. The Court of Appeal upheld the decision of the High Court and held that the property should be split equally because there was evidence that this was the common intention of the parties. The evidence showed that they chose to buy their home as joint owners instead of under one party’s sole name or in unequal portions, and that they had paid the mortgage equally for six years, and the man only took over the mortgage payments when the woman was retrenched.

For more information, you may read our other article that discusses the unequal contributions to purchase price.

Do note that the above section on trusts only applies to private property and not public property (i.e. HDB flats). The Housing and Development Act does not allow for any resulting trust or constructive trust to arise in respect of an HDB flat.

Financial arrangements and shared expenses

Unlike married couples, cohabiting partners generally do not have a legal right to each other’s income or assets. When disputes arise between unmarried couples, courts typically focus on financial contributions to shared assets, rather than non-financial contributions.

Though no couple gets into a relationship in anticipation of a break-up years later, it is advisable for unmarried cohabiting couples to keep documentation of their contributions to household expenses, renovations, or shared purchases to minimise the risk of disputes in the future. If couples aim to share their assets equally, they may also consider joint ownership of their assets (e.g., bank accounts, vehicles, properties, etc.) acquired after the beginning of their relationship, so each party has the same interest in the assets should the relationship go awry.

Children born to unmarried couples

Are children born to unmarried couples considered illegitimate?

As de facto marriages are not recognised in Singapore, children born to unmarried cohabiting couples are legally considered illegitimate (children born out of wedlock). Illegitimate children are excluded from benefits such as the Baby Bonus Scheme, and unwed mothers do not enjoy the same tax reliefs as mothers of legitimate children.

You may refer to our other article for a more detailed discussion on the legal issues concerning children born out of wedlock.

Will unmarried couples still have to take care of their children?

If a cohabiting couple has a child together, the couple will still have rights and responsibilities in terms of maintaining the child as they are still the biological parents of the child – regardless of the child’s legitimacy status. This means that the couple will still be responsible for providing the child a safe home, providing the child with food, and making sure the child gets the necessary medical help the child needs if they fall ill.

If you are a single parent maintaining your child without support from the other biological parent, you may apply to the Family Justice Courts for child maintenance from the other parent.

What happens if the relationship between a cohabiting couple who are parents to a child breaks down?

If the relationship between a cohabiting couple who are parents to a child breaks down, parents may need to formalise arrangements relating to custody, care and control, access arrangements, as well as child maintenance with the Family Justice Courts in order to safeguard the child’s welfare. Custody refers to who can make major decisions for the child, care and control refers to who the child should live with, while access refers to when the parent not given care and control of the child may spend time with the child.

You may refer to our other article for more information on child custody, care and control, and access.

Inheritance and next-of-kin matters

If a person dies without a will, their estate is distributed according to Singapore’s Intestate Succession Act. Under the Act, assets of the deceased are given to their spouse, children, parents, and siblings, depending on who survives the deceased during the time of death.

Unmarried partners are not recognised as beneficiaries, meaning a surviving partner may not receive anything unless a will has been made. As a result, it is crucial for cohabiting couples to write a will to bequeath their assets to their respective partners if they want to ensure that their partner is provided for after death.

CPF savings, insurance nominations, and joint bank accounts

CPF savings are distributed according to CPF nominations after death. If the deceased had not nominated person(s) to distribute their CPF savings to, their savings will be paid to the Public Trustee Office for distribution in cash to the deceased’s surviving family member(s). If the deceased has no family members and no nomination, the government will take over the deceased’s assets.

If cohabiting couples wish to pass on their CPF savings to their partner after death, they should make a CPF nomination before they pass on.

Medical and end-of-life decisions

Unmarried partners are not automatically recognised as next-of-kin. This means that an unmarried couple will not have the right to make decisions relating to medical treatment or management of personal affairs for their partner if they lose mental capacity.

To authorise an individual to make decisions on a person’s behalf if they lose mental capacity, the person should grant a Lasting Power of Attorney (LPA) to that individual.

On the topic of end-of-life decisions, if someone does not wish to receive extraordinary life-sustaining treatment if they are terminally ill and unconscious, they have to sign an Advance Medical Directive (AMD) to make that decision for themselves. While you are not obligated to disclose this decision, you may wish to have a conversation about this with your partner to ensure your wishes are known and respected.

For cohabiting couples, it is paramount to ensure that end-of-life planning is complete and up-to-date since unmarried partners are not automatically conferred the same decision-making rights as married partners after losing mental capacity or after death.

Immigration and employment pass issues (mixed nationality couples)

Where one or both partners are foreigners, Singapore may grant a Long-Term Visit Pass (LTVP) for the foreign partner to stay in the country for a temporary period of time. However, approval of an LTVP is not guaranteed and is dependent on many factors such as the individual’s family ties to Singaporeans, economic contributions, qualifications, age, family profile and length of residency.

Also, because an unmarried partner is not considered a legal spouse, they are not eligible for a Dependency Pass, which allows spouses and children of Employment Pass or S Pass holders to join them in Singapore.

Even where a foreign partner’s LTVP depends on a pass sponsored by their partner, the breakdown of the relationship will not result in the immediate cancellation of the LTVP – an LTVP’s local sponsor cannot unilaterally cancel an LTVP without the foreign person’s consent. However, the ICA still retains the discretion to cancel an LTVP for its own reasons.

Do cohabiting couples need a cohabitation agreement?

A cohabitation agreement (sometimes called a deed of cohabitation or living together agreement) is a contract between partners who live together but are not married. Such agreements can help clarify issues such as ownership of property, division of shared assets, contributions to household expenses, financial responsibilities during the relationship, and arrangements by stipulating what parties agree to do during the relationship and if the relationship ends.

Because Singapore does not recognise de facto marriage, cohabitation agreements between unmarried partners are treated as private contracts and governed by contract law and property law principles. This means that any disputes about a cohabitation agreement are considered contractual disputes, and will have to be taken up in court as a civil suit to be enforced.

It is recommended that you seek legal advice when drafting such agreements to ensure that both parties can best preserve their rights and interests.

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Cohabiting couples in Singapore should be aware that living together does not provide the same legal rights and protections as an official marriage, regardless of the amount of time the couple has been living together and whether they have children. Instead, under Singapore law, unmarried partners are treated as separate individuals, though the couple’s intentions may be relevant when it comes to disputes on private property.

Several legal issues may arise for cohabiting couples, particularly in relation to property ownership, finances, children, and inheritance. To safeguard their interests, couples may wish to take proactive steps to circumscribe the boundaries of their relationship through cohabitation agreements, wills, and proper documentation.

If you wish to find out more about any of the issues raised in the article, please consult a lawyer for further guidance. For example, if you need assistance with drafting a cohabitation agreement, you can contact a family lawyer who will advise you on what to look out for and how to consolidate your wishes into clauses in the agreement.