A huge number of UK couples live together without being married or in a civil partnership. Many assume their partner will automatically inherit if they die.
In most cases, that assumption is wrong.
This guide explains what typically happens if one partner dies without a will, why “common law marriage” doesn’t work the way people think, and the simple steps that protect each other properly.
Related reading (for couples planning together):
Mirror Wills Explained: The 2025 Guide for UK Couples Planning Their Legacy
Quick answer: does an unmarried partner inherit automatically in the UK?
Usually, no. If you die without a will (called dying “intestate”), the estate is distributed under intestacy rules. Those rules prioritise spouses and civil partners — not long-term cohabiting partners.
That means your partner may have to make a legal claim just to be provided for, even if you lived together for years and shared bills, a mortgage, or children.
External reference: GOV.UK explains exactly who can inherit if someone dies without a will (intestacy rules): Check who can inherit if someone dies without a will.
The “common law spouse” myth
People often say “we’re basically common law husband and wife.” In everyday life, you might feel that’s true — but inheritance law doesn’t treat it the same as marriage or civil partnership.
So even if you’ve lived together for 10, 20, or 30 years, your partner may not automatically inherit your assets unless you’ve taken steps to put a plan in place.
What happens if you die without a will (real-life outcomes)
Every estate is different, but here are common situations where cohabiting partners get caught out.
1) Your home is in one person’s name
If the property is only in the deceased person’s name and there’s no will, the surviving partner may not automatically inherit the home. This can create immediate problems, particularly if there’s a mortgage, children, or pressure from wider family.
2) Your home is owned jointly (but you haven’t checked how)
If you own a home together, the key detail is how it’s owned:
- Joint tenants: the home often passes automatically to the survivor.
- Tenants in common: the deceased partner’s share can pass under a will (or under intestacy if there isn’t one).
Read:
Joint Tenants vs Tenants in Common UK: Key Differences
3) Your savings, pensions, and “everyday assets”
Bank accounts and personal assets typically form part of the estate. If there’s no will, distribution follows intestacy rules — which may mean family members inherit instead of a partner.
Pensions and life insurance can be different, depending on nomination forms and scheme rules. Many couples discover they never updated nominations after moving in together, having children, or separating from a previous partner.
What unmarried couples should do to protect each other
If you want your partner to inherit (and you want the process to be smooth), these steps make the biggest difference.
1) Make a will (this is the single biggest fix)
A properly drafted will allows you to:
- leave assets to your partner
- name executors you trust
- set out plans for children
- reduce confusion and family disputes
Useful links:
Make a legally valid will for just £47
Will Writing Services – how to choose the right provider
2) Get the property ownership right (especially for blended families)
If you own a home, make sure your ownership structure matches your plan. If you want your share to pass through your will (for example, to protect children from a previous relationship), you may need to consider tenants in common and the right will wording.
Read next:
How to Sever a Joint Tenancy in the UK (Change to Tenants in Common)
3) Put Lasting Powers of Attorney in place (wills don’t help while you’re alive)
This is the one couples forget. A will only applies after death.
If you become ill or lose capacity, your partner may not automatically have the legal authority to manage your money, speak to banks, or make health decisions — even if you live together.
Read:
Lasting Power of Attorney Explained
What Happens If You Don’t Have a Lasting Power of Attorney?
4) Reduce dispute risk with clear planning
Where families are complicated, unclear plans can trigger conflict. If you’re worried about challenges or claims, it’s worth reading:
Can a Mirror Will Be Contested in the UK? How Will Disputes Work
Unmarried couples with children: an extra warning
If you have children together, it’s even more important to plan clearly.
Without a will you may also miss key basics like:
- who you want as guardians (where applicable)
- who manages inheritance for children while they’re under 18
- who controls the practical process as executor
FAQs
Do unmarried couples have inheritance rights in the UK?
In many cases, unmarried partners do not automatically inherit under intestacy rules. A will is the simplest way to ensure your partner inherits.
What is a “common law spouse” in UK inheritance?
People use the term informally, but it doesn’t generally give the same inheritance rights as marriage or civil partnership.
If we own a house together, will my partner inherit it?
It depends on how the property is owned. Joint tenants often means it passes to the survivor automatically; tenants in common means a share can pass under a will. Check your title and wills match your plan.
Do I need a will if we’re not married?
Yes, in most cases it’s strongly recommended if you want your partner to inherit and you want the process to be clear and smooth.
Next step
If you live together and want to protect each other, the most effective plan is usually:
- a clear will (or wills) that match your wishes
- property ownership checked and aligned
- LPAs to cover lifetime risk
Start here:
Make a legally valid will for just £47
Lasting Power of Attorney Explained
Disclaimer: This article is general information, not legal advice. Intestacy and inheritance outcomes depend on personal circumstances and how assets are owned.