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Unmarried Couples Have ZERO Inheritance Rights in the UK (Here's How to Fix It)

10 min23 Jan 2026

Unmarried Couples Have ZERO Inheritance Rights in the UK

There's a dangerous myth in the UK: that "common law marriage" gives cohabiting couples the same rights as married couples after a certain number of years together.

This is completely false. Common law marriage does not exist in England and Wales. No matter how long you've lived together, you have no automatic inheritance rights.

This affects nearly 5 million couples in the UK. Many only discover their lack of rights when it's too late.

Table of Contents

The Intestacy Rules Explained {#intestacy-rules}

When someone dies without a will, the "intestacy rules" determine who inherits their estate. These rules were written with married couples in mind.

Who Inherits Under Intestacy (In Order)

  1. Spouse or civil partner - Gets everything if no children, or the first £322,000 plus half of the rest if there are children
  2. Children - Share whatever the spouse doesn't get, or everything if no spouse
  3. Parents - Only if no spouse or children
  4. Siblings - Only if no spouse, children, or parents
  5. Half-siblings, grandparents, aunts, uncles - In that order
  6. The Crown - If no relatives can be found

Notice What's Missing?

Unmarried partners don't appear anywhere on this list.

It doesn't matter if you:

  • Have lived together for decades
  • Have children together
  • Are named on each other's bank accounts
  • Have built a life together
  • Everyone considers you a couple

Legally, you're treated as strangers.

What Actually Happens If Your Partner Dies {#what-happens}

Let's make this real with examples:

Example 1: Sarah and James

Sarah (38) and James (40) have been together 12 years. They have two children. James owns their house (in his name only). They never got around to making wills.

James dies suddenly in an accident.

What happens:

  • The house goes to their children (in trust until they're 18)
  • Sarah has no right to stay in the home
  • Sarah inherits nothing from James's savings or pension
  • A court could force the sale of the house
  • Sarah may need to claim from the estate as a "dependent" - expensive and stressful

Example 2: Michael and David

Michael (55) and David (52) have been partners for 20 years. They never had a civil partnership. Michael has no children but has a brother he hasn't spoken to in years.

Michael dies without a will.

What happens:

  • David inherits nothing
  • Michael's estranged brother inherits everything
  • The brother could evict David from their shared home
  • David has no automatic right to any of Michael's possessions, savings, or assets

Example 3: Emma and Tom

Emma and Tom (both 32) have lived together for 4 years. They rent together, have joint savings of £15,000, and Emma has £50,000 in her own savings account.

Emma dies without a will.

What happens:

  • Tom gets half the joint savings (£7,500) - this was already jointly owned
  • Emma's £50,000 goes to her parents
  • Emma's pension death benefits may go to her parents (depends on nomination form)
  • Tom inherits nothing from Emma's estate

The Property Problem {#property-problem}

Property ownership is where things get particularly brutal for unmarried couples.

If the Property Is in One Partner's Name Only

The surviving partner has no automatic right to:

  • Stay in the property
  • Inherit any share of the property
  • Prevent the property from being sold

The property passes under intestacy rules - typically to children, parents, or siblings.

If the Property Is Jointly Owned

How you own the property matters enormously:

Joint Tenants:

  • When one owner dies, their share automatically passes to the other owner(s)
  • This happens regardless of any will or intestacy rules
  • This is the safer option for unmarried couples

Tenants in Common:

  • Each owner has a distinct share (e.g., 50/50 or 60/40)
  • When one owner dies, their share passes according to their will or intestacy
  • Without a will, an unmarried partner's share does NOT automatically go to the other partner

How to Check How You Own Your Property

Request a copy of your title register from the Land Registry (£3 online). Look for:

  • "The proprietors are entitled to the land for their own benefit" = Tenants in Common
  • "No restriction" = Joint Tenants

If you're tenants in common and don't have a will, your share could go to relatives, not your partner.

Your Limited Legal Options {#legal-options}

If your partner dies without a will, you do have some options - but they're limited, expensive, and uncertain.

1. Inheritance (Provision for Family and Dependants) Act 1975

You can claim "reasonable financial provision" from the estate if:

  • You lived together as husband and wife (or civil partners)
  • You lived together for at least 2 years immediately before the death
  • You can prove you were financially dependent on your partner

The problems:

  • You must prove dependence, not just that you were a couple
  • Claims are expensive (legal fees often £10,000-£30,000+)
  • Outcomes are uncertain - judges have wide discretion
  • You're fighting against blood relatives who may contest
  • Takes 12-24 months, during which time assets may be frozen
  • Extremely stressful during grief

Success rates: Courts generally provide for basic needs, but awards are often far less than what the person would have inherited if married.

2. Proprietary Estoppel

If you contributed to property in your partner's name based on promises they made, you might claim a share. You'd need to prove:

  • Your partner made assurances about your interest in the property
  • You relied on those assurances
  • You suffered detriment as a result

This is even more uncertain and expensive than a 1975 Act claim.

3. Constructive Trust Claim

If you made financial contributions to property in your partner's name, you might claim a beneficial interest. You'd need evidence of contributions and shared intentions.

Again: expensive, uncertain, stressful.

How to Protect Yourselves {#how-to-protect}

The good news: protecting yourselves is simple and cheap. Here's what to do:

1. Make Wills (Essential - Do This Today)

Each partner should make a will leaving their estate to the other (or specifying how it should be shared).

Cost: £90-£150 each for online wills, £200-£350 for solicitors

A will can:

  • Leave your estate to your partner
  • Appoint guardians for your children
  • Create trusts if needed
  • Override intestacy rules completely

2. Review Property Ownership

If you own property together:

  • Check whether you're joint tenants or tenants in common
  • Consider switching to joint tenancy if you want the property to pass automatically
  • Or stay as tenants in common but make wills leaving your shares to each other

Cost: £50-£150 to change ownership type (Form SEV or solicitor)

3. Nominate Pension Beneficiaries

Most pensions let you nominate who receives death benefits. These nominations often override wills.

  • Check your workplace pension nomination form
  • Check any private pensions
  • Update these when your circumstances change

Cost: Free (just a form)

4. Review Life Insurance Beneficiaries

Make sure life insurance policies:

  • Name your partner as beneficiary
  • Are written in trust (to avoid inheritance tax and probate delays)

Cost: Free to change beneficiary, £0-£50 to set up a trust

5. Consider a Cohabitation Agreement

A cohabitation agreement sets out:

  • Who owns what
  • How property would be divided if you separate
  • Financial arrangements

It's not legally binding in the same way as a prenup, but courts give them significant weight.

Cost: £500-£1,500 for a solicitor-drafted agreement

6. Keep Financial Records

Document:

  • Contributions to property deposits
  • Mortgage payments
  • Home improvements you've funded
  • Shared expenses

This evidence could be crucial if you ever need to make a claim.

What About the Proposed Legal Reforms?

In February 2025, the UK Government announced it would consult on cohabitation rights reform. Proposed changes might include:

  • Property ownership frameworks for cohabiting couples
  • Inheritance rights after 2 years of cohabitation (or having children together)
  • Financial support provisions
  • Opt-out mechanisms

However:

  • Consultation is expected Q3-Q4 2025
  • Legislation might be introduced 2026
  • Implementation could be 2026-2027 at earliest
  • Nothing is guaranteed to pass

Do not wait for legal reform. Make a will now. It takes 20 minutes and costs under £150.

Frequently Asked Questions {#faq}

Key Takeaways

  • Common law marriage is a myth - It doesn't exist in English law
  • Unmarried partners inherit nothing under intestacy rules
  • Your home isn't safe - Even if you've lived there decades, you could be evicted
  • Legal claims are expensive and uncertain - Courts can help but it costs £10,000+ and takes years
  • A will fixes everything - £90-£150 protects you both completely

Next Steps {#next-steps}

Last updated: January 2026. This guide is for informational purposes only and does not constitute legal advice. Laws are specific to England and Wales. Scottish law differs significantly for cohabiting couples.

Last updated: 23 January 2026