Estate Planning

Cohabiting Couples Rights UK 2026: Inheritance, Property and the Upcoming Reform

Around 3.6 million couples in England and Wales cohabit without being married or in a civil partnership. Most believe they have some protection. Most are wrong.

12 May 2026·8 min read

The myth — and the reality

“Common law marriage” does not exist in England and Wales. No matter how long you have lived together, cohabiting partners have no automatic right to inherit, no right to remain in a solely-owned property, and no guaranteed financial provision after death. The only reliable protection is a will that explicitly names your partner.

What rights do cohabiting couples actually have?

Area	Married couple	Cohabiting couple
Inheritance (no will)	Spouse inherits first under intestacy	Partner inherits nothing
Jointly-owned home	Usually joint tenants — survivor inherits	Depends on tenancy type — not automatic
Solely-owned home	Spouse can claim statutory legacy	Partner has no right to remain
Pensions	Often paid to surviving spouse by default	Only if named on nomination form
Inheritance tax exemption	Full spousal exemption — unlimited	No exemption — 40% on estates over £325k
Decision-making (incapacity)	Spouse has some presumed authority in practice	Partner has no legal authority without LPA
Financial claim on estate	Automatic intestacy entitlement	Court application under IPFDA 1975 only — not guaranteed

The 2026 cohabitation reform: what is proposed

In February 2025, the Government announced that a formal consultation on cohabitation rights would launch later in 2025, with Spring 2026 outcomes expected. The proposed reform, modelled partly on Scotland's Family Law (Scotland) Act 2006, could give cohabiting couples in England and Wales:

Financial claims after two years of cohabitation, or immediately if children are involved
Inheritance rights for surviving cohabiting partners
Property ownership frameworks recognising financial contributions
An opt-out mechanism for couples who do not want automatic rights

Important: the reform is not yet law

As of May 2026, no legislation has been passed. The consultation is ongoing. Until reform passes into law — which could take years — the current position stands: cohabiting partners inherit nothing automatically in England and Wales. Do not wait for the reform to write your will.

Real-world scenarios where cohabiting couples are exposed

Scenario 1: One partner owns the home

Tom and Sarah have lived together for 12 years. Tom owns the house in his sole name. Tom dies without a will. Under intestacy rules, the house passes to Tom's adult children from a previous relationship. Sarah — who has lived in the house for 12 years — has no right to remain. She can apply under the IPFDA 1975 but there is no guaranteed outcome.

Scenario 2: Joint ownership as tenants in common

Emma and David bought a flat together, holding it as tenants in common (50/50) to keep their shares separate. David dies without a will. His 50% share passes under intestacy — to his parents (he has no children and they are not married). Emma suddenly co-owns her home with her late partner's parents and may be forced to sell.

Scenario 3: No LPA

After a serious accident, James is incapacitated. His partner Claire has no legal authority to access his bank accounts, manage his finances, or make medical decisions. Despite living together for 8 years, she has no legal standing without an LPA. His parents — with whom he has a difficult relationship — apply to the Court of Protection.

How to protect your cohabiting partner right now

Write a will and name your partner as a beneficiary. This is the single most effective step.
Check your property tenancy. If you hold property jointly, consider whether joint tenants (right of survivorship) or tenants in common (each share passes separately) better suits your intentions.
Update pension nomination forms. Name your partner as the nominated beneficiary on your expression of wishes. Pension trustees have discretion, but a nomination form strongly guides their decision.
Make an LPA. A Lasting Power of Attorney for Property and Financial Affairs gives your partner legal authority to manage your finances if you become incapacitated.
Consider a cohabitation agreement. A formal agreement documenting how property and assets would be divided on separation or death adds additional protection. Useful but not a substitute for a will.

The inheritance tax gap

Married couples and civil partners can pass unlimited assets to each other free of inheritance tax. Cohabiting couples have no such exemption. If your estate exceeds £325,000 (or £500,000 with the residence nil-rate band for property passed to direct descendants), your partner will pay 40% IHT on the excess — the same rate as a complete stranger.

This is particularly acute for couples who have been together for decades and jointly own a home that has appreciated significantly. A £600,000 home passed to an unmarried partner faces a £110,000 IHT bill (40% of the amount over £325,000). The same home passed to a spouse is entirely exempt.

Frequently asked questions

Does common law marriage exist in England and Wales?▼

No. Common law marriage has no legal standing in England and Wales, regardless of how long a couple has lived together. There is no minimum period of cohabitation that creates automatic legal rights. A couple who have lived together for 40 years have the same legal rights as a couple who have lived together for 4 months — which is to say, almost none compared to married couples.

Does my cohabiting partner inherit if I die without a will?▼

No. Under the intestacy rules in the Administration of Estates Act 1925, cohabiting partners are not included in the inheritance hierarchy. Your estate passes to your children, then parents, then siblings — regardless of your relationship with your partner. Your partner would need to make an application under the Inheritance (Provision for Family and Dependants) Act 1975, which is expensive, uncertain, and distressing.

What is the 2026 cohabitation reform?▼

In February 2025, the UK Government announced a formal consultation on cohabitation rights reform, to be launched later in 2025 for Spring 2026 outcomes. The proposed reform could give cohabiting couples financial claims after two years living together or having children together — similar to rights in Scotland under the Family Law (Scotland) Act 2006. However, the reform has not yet passed into law, and cohabiting partners currently have no automatic inheritance rights.

What property rights do cohabiting couples have?▼

Very limited rights. Property owned solely by one partner belongs to them. For jointly owned property, it depends on whether it is held as joint tenants (survivor inherits automatically) or tenants in common (deceased's share passes via will or intestacy). A cohabiting partner has no right to remain in a solely-owned property after their partner's death unless the will or a court order provides for it.

How can I protect my cohabiting partner legally right now?▼

A will is the most reliable protection. Name your partner as a beneficiary — they will then inherit what you specify. For property, consider holding it as joint tenants (right of survivorship) rather than tenants in common. For financial accounts, consider joint accounts for household money. An LPA ensures your partner has legal authority to manage finances if you become incapacitated.

Can a cohabiting partner be named as executor?▼

Yes. You can appoint anyone as executor in your will, including a cohabiting partner. Naming your partner as executor gives them the legal authority to deal with your estate even without being a beneficiary (though you would normally also name them as a beneficiary). Without a will, only a family member under the intestacy hierarchy can apply for Letters of Administration.

What happens to children of cohabiting couples?▼

Children of cohabiting couples inherit in the same way as children of married couples under intestacy — they are treated identically. The issue is that if no surviving parent has parental responsibility, a guardian must be appointed (ideally in a will) rather than leaving the decision to a court. Both parents should have confirmed parental responsibility and should name the same guardian in their respective wills.

Protect your partner today — don't wait for the reform

Until cohabitation rights reform passes, a will is the only reliable way to ensure your partner is protected. WillSafe's Cohabiting Couples Kit includes two will templates plus a cohabitation rights guide for £69.99.

See the Cohabiting Couples Kit

Cohabiting couples: why you both need a will

How to protect each other legally

What happens if you die without a will UK?

The intestacy rules explained

Joint tenants vs tenants in common UK

How you hold your home affects who inherits

What is a lasting power of attorney UK?

How your partner gets legal authority while you are alive

This article is for general information only and does not constitute legal advice. Laws described apply to England and Wales. The cohabitation reform consultation was ongoing as of May 2026 — check the latest government guidance for updates. Consult a solicitor for advice specific to your circumstances.