Many couples live together for years, share a mortgage, raise children — and still assume they’re protected by “common law marriage”.
But when it comes to inheritance in England & Wales, “common law marriage” doesn’t give you the same rights as being married or in a civil partnership. That misunderstanding can leave a surviving partner with no automatic inheritance, and in some cases, real risk of losing their home.
This guide explains (in plain English):
Related reading:
Inheritance for Co-Habiting Partners: Why Living Together May Not Be Enough
https://townandcountrylaw.legal/inheritance-for-co-habiting-partners-why-living-together-may-not-be-enough/
Quick answer
Unmarried partners do not automatically inherit under intestacy rules in England & Wales.
If your partner dies without a valid will, their estate usually passes to their closest relatives — not to you. The main exceptions are jointly owned assets that pass by survivorship (like some jointly owned homes/bank accounts). The safest protection is a proper will, combined with the right property ownership and (where needed) a trust.
Official reference:
https://www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem7830
What happens if your partner dies without a will?
If there’s no valid will, the estate is distributed under the rules of intestacy.
In most situations, a spouse or civil partner inherits first. If you are not married/in a civil partnership, you are not automatically included in that list.
Useful guides:
- What Happens If You Die Without a Will? Intestacy Rules Explained
https://townandcountrylaw.legal/what-happens-if-you-die-without-a-will-intestacy-rules-explained/ - Who Gets the House If There Is No Will? UK Rules Explained
https://townandcountrylaw.legal/who-gets-the-house-if-there-is-no-will-uk-inheritance-rules-explained/
The home: why ownership type matters more than people think
For cohabiting couples, how you own your property can decide whether the survivor is protected — even if you’ve lived together for decades.
If you own the property as “joint tenants”
This usually means the home passes automatically to the surviving owner under the “right of survivorship” — regardless of what a will says.
Reference (Land Registry):
https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land
If you own the property as “tenants in common”
You each own a defined share (often 50/50, but not always). That share becomes part of the deceased person’s estate and passes by will or intestacy.
Reference (Land Registry):
https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land
Why this matters:
If you’re tenants in common and your partner dies without a will, their share may pass to their relatives — not to you — which can create pressure to sell.
If you want to protect your home as an unmarried couple, you may find this helpful:
Unmarried Couple Property Trust
https://townandcountrylaw.legal/unmarried-couple-property-trust/
Why 6 April 2027 makes planning more urgent (pensions + inheritance tax)
From 6 April 2027, the government plans to bring many unused pension funds and death benefits into the scope of inheritance tax (IHT).
Government policy paper:
https://www.gov.uk/government/publications/inheritance-tax-unused-pension-funds-and-death-benefits/inheritance-tax-unused-pension-funds-and-death-benefits
What this can mean in practice:
If you’re unmarried, you may not benefit from the same spouse/civil partner exemptions and planning options — so making your wishes clear (and structuring assets correctly) becomes even more important.
(For pensions, you should also review your expression of wish/nomination forms — these sit outside the will but are still crucial.)
How to protect your partner (practical checklist)
1) Make a will (this is the foundation)
A will lets you choose who inherits — instead of the law deciding.
Will Writing Services
https://townandcountrylaw.legal/will-writing-services/
Do I Need a Will? A Simple UK Checklist
https://townandcountrylaw.legal/do-i-need-a-will-a-simple-uk-checklist-to-know-for-sure/
2) Make sure your property ownership matches your intentions
- Joint tenants can be a simple way to protect the survivor in many cases
- Tenants in common can be better for protecting shares (especially with children/blended families) — but it must be paired with the right will/trust planning
3) Consider a trust if you need protection + control
If you want your partner to be secure and protect your share for children/other beneficiaries, a trust can be appropriate.
Protective Property Trusts: Safeguarding Your Family Home
https://townandcountrylaw.legal/protective-property-trusts-safeguarding-your-family-home-for-future-generations/
Trust and Trustee Services
https://townandcountrylaw.legal/trust-and-trustee-services/
4) Review pensions, life insurance, and nominations
Wills don’t always control pension death benefits — your nomination/expression of wish often matters most.
Given the planned IHT changes from 6 April 2027, this is worth reviewing now.
5) Keep documents safe and up to date
Outdated documents are a common cause of disputes and delays.
Outdated Wills in the UK: What Happens After Life Changes?
https://townandcountrylaw.legal/outdated-wills-in-the-uk-what-happens-after-life-changes/
Real-world scenario (why this catches people out)
Alex and Sam live together for 12 years. The house is owned as tenants in common (50/50). Alex dies without a will.
- Sam keeps their own 50% share
- Alex’s 50% share passes under intestacy — usually to Alex’s closest relatives, not Sam
- Sam may face pressure to sell or “buy out” the inherited share
That’s why cohabiting couples should treat wills and property ownership as a single plan, not separate admin tasks.
FAQs
Is “common law marriage” real in the UK?
People use the phrase, but it doesn’t automatically give unmarried couples the same inheritance rights as marriage/civil partnership in England & Wales.
If my partner dies and we’re not married, do I inherit anything?
Not automatically under intestacy rules. You may only inherit assets that pass outside the estate (for example, some jointly held assets), unless you’re named in a will.
What happens to our house if my partner dies?
It depends whether you own it as joint tenants (often passes automatically) or tenants in common (their share goes through the estate).
Do we need mirror wills if we live together?
Many couples do — especially if you want clarity and fairness. Unmarried couples sometimes also need additional planning around property shares and trusts.
Mirror wills guide:
https://townandcountrylaw.legal/mirror-wills-explained-the-2025-guide-for-uk-couples-planning-their-legacy/
Speak to us about protecting your partner
If you’re living with your partner and want certainty about what happens to your home, savings, and pension benefits, the safest next step is to put a clear plan in place — starting with a professionally drafted will.
Will Writing Services:
https://townandcountrylaw.legal/will-writing-services/
Unmarried Couple Property Trust:
https://townandcountrylaw.legal/unmarried-couple-property-trust/