More couples are choosing to live together without getting married or entering a civil partnership. Sharing a home and a life together does not automatically create the same legal protections as marriage or a civil partnership when someone dies. Understanding what the law does and doesn’t provide can make a huge difference at a difficult time.
Is a Long-Term Partner Automatically Entitled to Anything?
In short: no. In England and Wales, there is no such thing as a “common law spouse.” No matter how long you’ve lived together, if you are not married or in a civil partnership, you do not automatically inherit your partner’s estate. Without a valid Will:
- You won’t automatically receive their money, property, or possessions;
- You may not have the right to remain in the family home;
- You could be left financially vulnerable at a time of grief.
What Happens If There Is No Will?
If someone dies intestate (without a Will), the law follows strict rules.
Their estate will usually pass to:
- Their children,
- Their parents, or
- Their siblings.
An unmarried partner is not included in this list. This can mean a surviving partner has to rely on family goodwill or face legal action just to stay in the home they shared.
What If the Property Is Owned Together?
This depends on how the property is owned:
- Joint Tenants – The surviving partner automatically inherits the property.
- Tenants in Common – The deceased’s share passes according to their Will or intestacy rules if there isn’t one.
Many couples are unsure which applies to them, and assumptions here can lead to serious consequences.
Can an Unmarried Partner Make a Claim?
Yes, but it’s not automatic. Under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving partner may be able to make a claim if:
- They lived with the deceased for at least two years, or
- They were financially dependent on them
Claims can be stressful, time-consuming, and costly, especially during bereavement.
How Can Unmarried Couples Protect Each Other?
The most effective steps include:
- Making a Will – This is the single most important step to ensure your partner is protected.
- Checking Property Ownership -Understanding whether you are joint tenants or tenants in common is crucial.
- Lasting Powers of Attorney (LPAs) – These ensure your partner can make decisions if you become unable to.
- Reviewing Pensions and Life Insurance – Beneficiary nominations don’t always update automatically.
Planning Now Avoids Problems Later
No one likes to think about these scenarios, but clear planning avoids uncertainty, disputes, and financial strain later on. Whether you’ve recently moved in together or have shared a life for decades, taking advice now gives both partners peace of mind.
How Lyons Bowe Can Help
At Lyons Bowe, we help unmarried couples:
- Draft clear, legally sound Wills;
- Review property ownership;
- Put protection in place for the future.
Our advice is practical, straightforward and tailored to real lives, not assumptions.
