More couples than ever in the UK are choosing to live together without getting married. While this reflects changing social attitudes, it also creates a serious legal issue that many people are unaware of.
If you are not married or in a civil partnership, your partner does not automatically inherit your estate when you die. This often comes as a shock, especially for couples who have lived together for many years or have children together.
In this guide, we explain the inheritance rights of cohabiting couples, the laws that apply, and what you can do to protect your partner.
The Myth of the “Common Law Marriage”
Many people believe in the concept of a “common law spouse”. In reality, this has no legal standing in England and Wales. No matter how long you have lived together, your partner does not gain automatic inheritance rights. This means that if you die without a valid will, your partner may receive nothing from your estate.
What Happens If You Die Without a Will?
If you die without a will, your estate is distributed according to the rules of intestacy under the Administration of Estates Act 1925 [1].
Under these rules:
- Married spouses and civil partners inherit first
- Children inherit if there is no surviving spouse
- Unmarried partners are not included at all
This means your estate could pass to family members instead of the person you live with, regardless of your intentions.
The Legal Position of Cohabiting Couples
Cohabiting couples have significantly fewer legal protections compared to married couples. This applies not just to inheritance, but also to tax, pensions, and property rights. However, there is a limited route available under the Inheritance (Provision for Family and Dependants) Act 1975 [2].
Your partner may be able to make a claim if:
- You lived together for at least two years before death, or
- They were financially dependent on you
Even then, this is not guaranteed. Claims can be costly, time-consuming, and emotionally difficult.
Changing Marriage Trends in the UK
Marriage rates in the UK have declined significantly since 2000. According to the Office for National Statistics, marriages in England and Wales have fallen by over 30% since the early 2000s [3].
At the same time, people are choosing to marry later in life. The average age for a first marriage is now approximately:
- Men: 32.7 years old
- Women: 30.7 years old [4]
This reflects a broader cultural shift, particularly among younger people who are prioritising careers, financial stability, or simply choosing not to marry at all. However, while society has changed, the law has not kept pace. Cohabiting couples still do not have the same legal protections as married couples.
Why This Is Important If You Have Children
If you have children but are not married, the situation becomes even more complex.
Without a will:
- Your partner may not inherit your assets
- Your children may inherit directly
- Your partner could face financial hardship, especially if they rely on shared income
This can lead to disputes, delays, and uncertainty at an already difficult time.
How to Protect Your Partner
The most effective way to protect your partner is to have a valid, professionally drafted will. A will allows you to specify exactly who inherits your estate, and provides financial security for your partner
At ASL Solicitors, we specialise in wills, probate, and estate planning. We help individuals and couples ensure their wishes are legally protected.
If you are living with a partner and want to safeguard their future, get in touch with us today.
Additional Considerations
In addition to a will, you may want to consider:
- Life insurance policies
- Joint ownership of property
- Nominations for pension benefits
- Setting up a trust
These tools can form part of a wider estate planning strategy to protect your partner and your family.
Conclusion
Cohabiting couples in the UK do not have the same inheritance rights as married couples. Despite changing social trends, the law still prioritises formal legal relationships. Without a will, your partner could be left with nothing.
Planning ahead is essential. By putting the right legal structures in place, you can ensure your loved ones are protected if the worst happens.
At ASL Solicitors, we provide expert advice on wills and estate planning across Rochdale, Manchester, and surrounding areas. Contact us today to discuss your options.
Frequently Asked Questions
No. Cohabiting couples do not automatically inherit from each other under UK law. A valid will is required to ensure your partner receives your estate.
If your partner dies intestate, you are not entitled to inherit under the rules of intestacy. The estate will pass to relatives such as children or parents.
Yes, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this is not guaranteed and can involve legal proceedings.
The best way is to create a legally valid will. You may also consider life insurance, trusts, and joint ownership of property.
No. The concept of a common law spouse has no legal recognition in England and Wales.
References
1) UK Government – Administration of Estates Act 1925:
https://www.legislation.gov.uk/ukpga/Geo5/15-16/23/contents
2) UK Government – Inheritance (Provision for Family and Dependants) Act 1975:
https://www.legislation.gov.uk/ukpga/1975/63
3) Office for National Statistics – Marriages in England and Wales:
https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/marriagecohabitationandcivilpartnerships/bulletins/marriagesinenglandandwales/latest
4) Office for National Statistics – Average age at first marriage data:
https://www.ons.gov.uk/