Many couples in the UK live together without getting married or entering a civil partnership. While this arrangement works perfectly well for many families, it can create significant legal issues when it comes to inheritance.
One of the most common misconceptions is the belief that “common law marriage” gives unmarried partners the same inheritance rights as married couples. Unfortunately, this is not the case.
If you are living with your partner and want to ensure they are financially protected, it is important to understand what happens if one of you dies without a will.
Can an Unmarried Partner Inherit If There Is No Will?
In most cases, an unmarried partner does not automatically inherit anything under the rules of intestacy in England and Wales.
If someone dies without a valid will, their estate is distributed according to strict legal rules. These rules prioritise spouses, civil partners, children, and other blood relatives.
This means that even if you have lived together for many years, your partner may not automatically receive any part of your estate.
Does Common Law Marriage Exist in the UK?
No.
Despite the widespread use of the term, there is no legal status known as a “common law marriage” in England and Wales.
Living together for a long time does not automatically give unmarried couples the same legal rights as married couples or civil partners.
This misconception often leads people to assume their partner will inherit their home, savings, or possessions when they die. In reality, this may not happen.
Who Inherits Under Intestacy Rules?
If there is no valid will, the estate is distributed according to the rules of intestacy.
Typically, inheritance passes to:
- A spouse or civil partner
- Children
- Grandchildren
- Parents
- Siblings
- Other close blood relatives
An unmarried partner is not included in this list.
You can learn more in our guide:
https://townandcountrylaw.legal/what-happens-if-you-die-without-a-will-intestacy-rules-explained/
What Happens to a Shared Home?
Many unmarried couples own property together.
What happens depends on how the property is owned.
Joint Tenants
If you own your home as joint tenants:
- The surviving owner usually inherits the property automatically
- The property passes outside the will
Tenants in Common
If you own your property as tenants in common:
- Each person owns a separate share
- Your share forms part of your estate when you die
- Without a will, your share may pass to relatives instead of your partner
This can create serious financial difficulties for the surviving partner.
Can an Unmarried Partner Make a Claim?
In some circumstances, an unmarried partner may be able to make a claim against an estate.
This may be possible if:
- You lived together for at least two years before death
- The surviving partner was financially dependent on the deceased
However, these claims can be expensive, stressful, and time-consuming.
There is no guarantee the claim will succeed.
Why Having a Will Is So Important for Unmarried Couples
A valid will allows you to:
- Leave your estate to your partner
- Protect your share of a property
- Provide financial security
- Appoint executors you trust
- Ensure your wishes are followed
Without a will, the law decides who inherits—not you.
What If You Have Children?
If you have children together, a will becomes even more important.
A properly drafted will can help:
- Protect your partner
- Provide for your children
- Set up trusts if appropriate
- Appoint guardians for minor children
You may also find this guide helpful:
https://townandcountrylaw.legal/update-will-after-child-uk/
What About Marriage or Civil Partnership?
Marriage and civil partnerships provide significant inheritance rights that unmarried couples do not automatically receive.
If your circumstances change, it is important to review your will.
Read more:
https://townandcountrylaw.legal/what-happens-to-your-will-when-you-get-married-in-the-uk/
How to Protect Your Partner
The simplest and most effective way to protect an unmarried partner is to make a valid will.
A professionally drafted will ensures:
- Your estate goes where you intend
- Your partner is protected
- Potential disputes are reduced
- Your wishes are legally documented
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Protecting your partner does not need to be expensive.
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Final Thoughts
Many unmarried couples assume they have the same inheritance rights as married couples. Unfortunately, this is often not the case.
Without a valid will, your partner may receive little or nothing from your estate, regardless of how long you have been together.
Making a will is one of the simplest ways to protect the people you care about and ensure your wishes are respected.
If you want peace of mind for your partner and family, now is the time to put a valid will in place.