Cohabiting Couples and the Law: Why Living Together Doesn't Mean Protected (2026)

There are an estimated 3.6 million cohabiting couples in the UK. A large proportion of them believe they are protected by something called “common law marriage” — the idea that living together for long enough creates rights similar to marriage. This belief is wrong. And it can be financially devastating.

The Common Law Marriage Myth

“Common law marriage” does not exist in English law. It never has. No matter how long you have lived with your partner, no matter whether you share a mortgage, joint accounts, children, and a surname — if you are not legally married or in a civil partnership, you are legal strangers to each other's estates.

This is not a quirk of outdated legislation. It is the fundamental position of the law, and it hasn't changed in decades despite repeated campaigns for reform. Surveys consistently show that around half of cohabiting couples believe they have inheritance rights through cohabitation. They do not.

What Actually Happens When a Cohabiting Partner Dies Without a Will

If your partner dies without a will, their estate is distributed under the intestacy rules. The intestacy rules recognise:

• ✓Spouses and civil partners
• ✓Children
• ✓Parents
• ✓Siblings
• ✓Other blood relatives
• ✗Cohabiting partners — not recognised

You could have been together for 30 years, shared every aspect of your lives, and the law will give you nothing. Instead, the estate passes to whoever is next in the legal order — potentially a parent, sibling, or even the Crown.

The Home Problem

This is where it gets particularly serious. If you and your partner own a home together as tenants in common (rather than joint tenants), your partner's share of the property passes under intestacy — not to you. Depending on the value of the estate and who the legal heirs are, you could be in a position where your partner's relatives have a claim to a share of your home. In extreme cases, surviving partners have had to sell the family home to pay out the deceased's relatives.

This is not a theoretical risk. It happens.

Joint Tenancy vs Tenants in Common

One partial protection available to cohabiting couples is owning property as joint tenants rather than tenants in common. With joint tenancy, the property automatically passes to the surviving owner on death — bypassing probate and the intestacy rules entirely.

However:

• Not all couples own as joint tenants — many own as tenants in common
• Joint tenancy only covers the property itself, not savings, investments, pensions, or personal assets
• It does not substitute for a will

What About Claiming Against the Estate?

It is possible, in limited circumstances, for a cohabiting partner to make a claim against an intestate estate under the Inheritance (Provision for Family and Dependants) Act 1975. To claim, you must prove that you:

• Lived with the deceased for at least two years immediately before their death, as if you were married or civil partners
• Were not reasonably provided for by the estate

Even if successful, the claim is discretionary. A court decides what provision is “reasonable.” The process is expensive, slow, and emotionally draining. This is not a reliable safety net. It is a last resort.

The Solution: Write a Will

The only reliable way to protect a cohabiting partner is to write a will. A will lets you:

• Leave your entire estate to your partner
• Leave specific assets to your partner
• Name your partner as executor
• Make provision for children alongside your partner
• Set up a trust if needed

Without a will, none of this happens automatically. Both partners should write their own wills, each naming the other as the primary beneficiary.

Other Legal Steps Cohabiting Couples Should Consider

A will is the most urgent step, but not the only one. Cohabiting couples are also vulnerable in other areas:

• Pension death benefits — most pensions allow you to nominate a beneficiary. Make sure your pension provider has your partner's details on a nomination form.
• Life insurance — name your partner as beneficiary on any life insurance policy.
• Joint tenancy — consider whether you want to hold property as joint tenants rather than tenants in common.
• Powers of attorney — if you lose capacity, your cohabiting partner has no automatic right to manage your affairs. Consider making a Lasting Power of Attorney naming each other.

FAQ: Cohabiting Couples and Inheritance UK