Does my unmarried partner inherit if I die?

Not automatically. Under the law of England and Wales an unmarried partner does not have the same inheritance rights as a spouse or civil partner.

Despite being one of the fastest-growing family arrangements in the UK, cohabiting couples remain surprisingly unprotected under the law. A persistent myth is that living together for a certain number of years creates a “common law marriage” with automatic inheritance rights. In law, there is no such thing as a “common law spouse” and this misconception can trigger lengthy and expensive disputes between surviving partners and the deceased’s relatives.

No automatic inheritance rights

If your partner dies without a valid Will, the law does not treat unmarried partners the same as married couples. The estate may pass to children, parents, siblings or other relatives under the statutory order of priority, regardless of how long you lived together, shared bills, held a joint mortgage or raised a family together.

Can a cohabiting partner make a claim?

Because there is no automatic right to inherit, a surviving partner may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This includes anyone who lived with the deceased as if married for at least two years immediately before the death, as well as those who were being maintained by the deceased.

These claims are inherently contentious, frequently pitting a grieving partner against the deceased’s adult children or estranged relatives. The court weighs the surviving partner’s financial needs and resources against the competing needs of the beneficiaries and other statutory factors.

What happens to the family home?

Disputes often centre on the deceased’s property. If the house was held in the deceased’s sole name, the surviving partner will not automatically acquire ownership simply because they lived there and may face pressure to leave or see the property sold as part of the estate administration.

How the property is owned matters:

• Joint tenants: the surviving partner automatically inherits the deceased’s share by right of survivorship.
• Tenants in common: the deceased’s share passes according to their Will or intestacy rules, which can leave the surviving partner in dispute with stepchildren or in-laws over the family home.

Where beneficial ownership of the property is disputed, a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) may also be relevant.

How can unmarried couples protect each other?

The risk of disputes can be significantly reduced with proactive planning:

• Make a Will: set out clearly what you want to happen to your property, assets and savings.
• Review property registration and deeds: make sure that ownership reflects your intentions, supported by a Deed or Declaration of Trust where financial contributions towards the property were unequal.
• Update beneficiary nominations: check pension and death-in-service arrangements carefully, since many benefits are paid under scheme rules rather than under the terms of a Will. An expression of wishes can help ensure your partner is considered.

Seeking specialist advice

If you are an unmarried surviving partner who has not been provided for financially, are facing eviction from the family home after your partner’s death, or if you represent an estate dealing with a cohabitant’s claim, you should seek legal advice early. Inheritance Act claims must generally be issued within six months of the grant of representation. Advice from a specialist contentious probate lawyer is crucial to protect your rights and potentially explore early resolution, without the need for court action, before costs escalate.

To get in touch with our Contentious Probate Team, please email enquiries@pardoes.co.uk or call 0800 862 0442.
Find out more about our dispute resolution services.