For many couples, marriage simply isn’t part of the plan. You may share a home, raise children and build a life together without feeling the need for formal legal recognition. Yet while relationships have evolved, the law has not kept pace.
In England and Wales, unmarried partners have no automatic inheritance rights, and the reality of a long‑term relationship often counts for very little if one partner dies without proper arrangements in place.
This disconnect is crucial to understand. Sadly, many people only discover the consequences after a bereavement – at a moment already marked by grief, shock and financial insecurity, and when it is often too late to undo the consequences.
Common misconceptions
The “common law marriage” myth
One of the most persistent and harmful assumptions is that living together for a certain number of years gives you similar rights to married couples. It doesn’t. There is no such thing as “common law marriage” in England and Wales, no matter the length or stability of your relationship. Cohabiting partners acquire no automatic inheritance rights, tax benefits or guaranteed pension rights. Legally, they remain separate individuals, no matter how interwoven their lives may be.
“I’ve paid the bills, so I must have rights”
Many people assume that contributing to household expenses, paying towards the mortgage or funding renovations gives them automatic ownership or inheritance rights. While contributions may be relevant evidence in some claims, they don’t guarantee legal entitlement. In practice, disputes of this nature are frequently complex, costly and uncertain.
“Everything will pass to my partner anyway”
Personal belongings, savings and even the family home don’t automatically pass to the surviving partner unless the law or a properly drafted will makes that happen. It’ is important to bear in mind that, without proper planning, nothing is guaranteed.
A changing legal landscape
Before looking at the current position, it is worth noting that this is an area of law that is undergoing significant review. In June 2026, the Ministry of Justice launched its consultation, A Fairer End to Relationships, which importantly considers reforms to the rights for cohabiting couples on separation and the position of cohabitants on death where a partner dies without a will. The consultation was prompted by concerns that the law has not kept pace with modern family structures and can leave cohabiting couples and their families financially vulnerable.
The aim is to explore whether greater legal protections should be available to cohabiting couples whilst maintaining a distinction between cohabitation and marriage. Among other issues, the consultation considers financial claims between cohabitants following separation and whether surviving cohabitants should have greater rights where a partner dies intestate.
However, any reforms remain proposals at this stage. Until changes are enacted, cohabiting couples must continue to plan based on the current law, which provides significantly fewer protections than are available to spouses and civil partners.
So, what really happens when an unmarried partner dies?
Property ownership
The way a property is owned is often the biggest factor in whether a surviving partner keeps their home.
If the couple own their home as joint tenants, the surviving partner automatically inherits the whole property through survivorship, and this happens outside the will.
But if the property is owned as tenants in common, each partner owns a distinct share. That share doesn’t pass automatically to the survivor but instead follows the will or, if there is no will, the intestacy rules set out in section 46 of the Administration of Estates Act 1925. These rules prioritise spouses, children, parents and siblings, and, crucially, exclude unmarried partners altogether. This can leave a surviving partner sharing ownership with extended family or facing the prospect of a forced sale.
While the government's recent consultation considers whether cohabitants should receive greater protection on separation and death, any reforms remain some way off and it is currently unclear what effect they may have on property rights. For now, the way a property is owned remains one of the most important factors in determining what happens after a partner's death.
Other assets
For assets held in one partner’s sole name, whether personal items, bank accounts, or investments, assets don’t pass to the surviving partner unless explicitly left to them in a will. Without a will, the surviving partner inherits nothing and may be forced to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are time‑limited, expensive and unpredictable.
The Ministry of Justice has also consulted on whether cohabitants should have greater protections where a partner dies without a will. If implemented, such reforms could reduce the need for some surviving partners to pursue inheritance claims. However, the current law remains unchanged, making wills and estate planning essential.
Pensions and life insurance
Unmarried partners cannot inherit state pensions, and workplace or private pensions may only be paid if an explicit nomination is in place. This is also the case for life insurance arrangements.
The rules vary significantly, so seeking professional financial advice to ensure your hard work can be passed on to benefit your long-term partner is essential.
Although the wider reform agenda includes consideration of cohabitants' financial needs, pension rights are governed by a combination of legislation, scheme rules and nomination arrangements. Even if cohabitation law is reformed, partners should not assume that pension benefits will automatically be treated in the same way as those available to spouses.
Why early legal planning makes all the difference
Essential estate planning
The most effective way to protect an unmarried partner is through a valid, carefully drafted will. Without one, the intestacy rules apply and the surviving partner is treated as a legal stranger.
Creating a will, alongside ensuring property ownership reflects intentions, can secure financial stability, clarify intentions and avoid painful disputes at an already traumatic time. Early advice allows couples to create their own safety net in a landscape where the law provides none.
Cohabitation agreements
A cohabitation agreement is one of the most powerful tools available to unmarried couples, both during life and on death. It can:
clarify how property is owned and who is entitled to what;
record financial contributions to mortgages, renovations or major purchases;
set out financial arrangements and expectations; and
support and reinforce the provisions made in your wills.
Unlike assumptions or informal discussions, a cohabitation agreement creates clarity, legal certainty and genuine long‑term security. It also works most effectively when paired with a well‑prepared will, creating a joined‑up plan for both life and death.
It also provides certainty at a time when the future legal framework for cohabiting couples remains under active consideration. Rather than waiting to see whether the law changes, couples can proactively record their intentions and financial arrangements now.
Why timing matters
Early advice can prevent significant hardship – especially where one partner owns the home, there are children from previous relationships, unequal financial contributions or reliance on one partner’s income.
Further reading
If you would like to explore related topics, you may find these areas particularly useful:
Closing thoughts
Cohabiting relationships can be every bit as committed and meaningful as marriage, yet the law does not currently recognise them in the same way. Whilst the government is actively considering reforms that could provide greater protection for cohabiting couples, the legal position today remains significantly different from that of married couples and civil partners. Without intentional planning, the partner you leave behind may have no automatic entitlement to you home, your estate or other financial provisions , regardless of the life you shared.
The good news is that these outcomes are often preventable. Although the legal landscape may evolve in the coming years, any reforms remain proposals at this stage and it is impossible to know when they might take effect or the extent of the protections they will ultimately provide. A will, thoughtful property structuring and a robust cohabitation agreement can provide the legal protection the law doesn’t automatically offer.
At Mills & Reeve, our family and private client teams work together to prepare cohabitation agreements, wills and estate plans that complement each other. This cross‑team approach ensures nothing is overlooked and that your arrangements reflect the reality of your relationship and your long‑term intentions.
Taking these steps is not pessimistic. It is an act of care, ensuring your partner is protected not just during your life together but in the moments that matter most.
Speak to our team to find out how we can help.
This blog was updated on 8 September 2026 to reflect the Government consultation on cohabiting couples.
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