Cohabiting couples — those living together without being married or in a civil partnership — have no 'common law marriage' status in England and Wales. Without proactive legal planning, surviving partners can be left without the home, savings, or pension benefits.
The Myth of Common-Law Marriage
Around half of UK adults still believe "common-law marriage" gives cohabiting couples some automatic rights after a few years. It doesn't. It never has.
If your unmarried partner dies, English and Welsh intestacy rules mean their estate passes to their blood relatives — children first, then parents, then siblings. You inherit nothing automatically, even if you've shared a home and finances for 30 years.
What Could Actually Happen
Real outcomes we see when there's no planning:
- Sole-owned home passes to the deceased's parents — surviving partner asked to leave
- Life insurance pays into the estate; ex-spouse or estranged children take it
- Pension death benefits go to the previous nominated beneficiary (often the ex)
- Joint bank accounts — usually pass to survivor, but contested by the deceased's family
The cost of fixing all this after a death is huge — and emotionally devastating. The cost of preventing it is small.
The Five Steps Every Cohabiting Couple Should Take
- Make mirror wills — leaving everything to each other, with named guardians for any children. £250–£500 for a pair.
- Check how you own the home — see tenants in common vs joint tenants. Tenants in common with a will is usually the right setup.
- Set up a Lasting Power of Attorney each — see our LPA guide. Without one, you have no automatic right to make medical or financial decisions for your partner.
- Put life insurance in trust — read our mortgage life insurance guide. Trust = pays directly to your partner, tax-free, no probate.
- Update your pension nomination forms — log into your scheme and ensure your partner is the named beneficiary.
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If You Have Children
Cohabiting parents have an additional concern: parental responsibility. Mothers automatically have it. Fathers only have it if named on the birth certificate (post-2003) or by court order.
Your will should also nominate guardians for any children if both parents die — without one, the courts decide.
If finances are tight, consider family income benefit — affordable cover that pays a tax-free monthly income to the surviving partner.
Next Steps
Cohabiting couple planning sits across two professions: a solicitor for the wills and ownership, an adviser for the protection and pensions.
Through our partnership with Castle Family Legal, we can introduce you to a regulated specialist for the legal side and handle the protection ourselves. Get in touch and we'll co-ordinate everything.
Frequently Asked Questions
- How long do you have to live together to be 'common-law married'?
- There's no such status in England and Wales. No matter how long you've lived together, you have no automatic inheritance rights.
- Does my partner inherit the house if it's only in my name?
- No — not automatically. Without a will, the property goes to your blood relatives.
- What about Inheritance Tax?
- Cohabiting couples don't get the spousal IHT exemption. Estates above the nil-rate band may face 40% tax — making planning even more important.
- Should we just get married?
- Marriage simplifies many of these issues but isn't the only answer. Mirror wills, the right ownership and protection cover get you most of the way there.
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