Common Law Marriage Myth: You Have No Rights in the UK

Emma believed she had plenty of time. After 12 years with James, owning their £380,000 Manchester home together and raising two children, she assumed UK law would protect her if anything happened to him.

She was wrong.

When James died suddenly at 41 from a heart attack, Emma discovered she had no automatic right to his half of their home, his pension, or his savings—because they'd never married. Under intestacy rules, his parents inherited his 50% share of the house. Emma faced the devastating choice: buy them out or sell the family home.

She'd fallen victim to the common law marriage myth.

Emma is not alone. Research shows that 49% of cohabiting couples in England and Wales believe they have legal rights under "common law marriage." But here's the uncomfortable truth: common law marriage does not exist in UK law. Living together for 2 years, 10 years, or 30 years gives you zero automatic rights to your partner's property, finances, or estate.

None.

This article explodes the dangerous myth of common law marriage and reveals exactly what rights you actually have—and the simple, affordable steps to protect the partner you love.

The Common Law Marriage Myth: Why 49% of Couples Are Wrong

Common law marriage does not exist in UK law. It hasn't existed in England and Wales since 1753.

Living together for 5 years, 10 years, or 50 years gives you no automatic rights to your partner's property, finances, or estate.

Yet 49% of cohabiting couples still believe in this myth, according to the National Centre for Social Research. That's nearly half of all unmarried couples living in a false sense of security—thinking the law protects them when it absolutely doesn't.

The numbers are staggering. The Office for National Statistics reports that there were 3.5 million cohabiting couple families in England and Wales in 2024—representing 17.7% of all families. This is a 144% increase from 1.5 million in 1996, making cohabiting couples the fastest-growing family type in the UK.

That means approximately 1.7 million couples believe they have legal protection that simply doesn't exist.

The House of Commons Library states this clearly: "Cohabiting couples have no status at all in law. They are simply two individuals, and this remains true regardless of how long they remain together, their living arrangements, or whether or not they have children."

Let's be absolutely clear about what "common law marriage" really means: nothing. The term has no legal standing. It carries no legal weight. It grants no legal protection.

Common law marriage did exist historically—before the Marriage Act 1753 abolished informal marriages in England and Wales. For over 270 years, this form of marriage has not been legally recognized.

Scotland operates under different rules and does recognize certain forms of informal marriage, which adds to the confusion for couples in England and Wales who mistakenly believe the same protections apply to them.

The myth persists because we want to believe it's true. The thought that the law would leave 3.5 million families completely unprotected feels wrong. But that's exactly what happens.

What You Actually Get After Living Together for 10 Years: Nothing

Here's what unmarried partners have no automatic right to:

Your partner's property. If your partner owns your home and dies without a will, you have no automatic right to live there or inherit it—even if you've lived there for decades, even if you've paid the bills, even if you raised children there.

Your partner's estate. Under intestacy rules, your partner's money, possessions, and investments go to their blood relatives. You appear nowhere on the list.

Your partner's pension. You have no automatic right to your partner's private pension. Some workplace pension schemes allow nominations, but you're not guaranteed anything.

Financial support. If you separate, you have no right to maintenance or ongoing financial support from your partner, regardless of how long you've been together or how financially dependent you've become.

Inheritance tax exemption. Married couples can inherit from each other completely tax-free. Unmarried partners pay 40% inheritance tax on everything above £325,000. If your partner leaves you their £500,000 share of your home, you owe £70,000 in tax.

The Citizens Advice website confirms this harsh reality: "Living with someone is sometimes called cohabitation. Living together with someone is also sometimes called 'common law marriage'. But in the UK this is not a legal term. There is no such thing as a 'common law marriage'."

Let's compare what married couples get versus what you get:

Right or Benefit	Married Couples	Unmarried Couples
Automatic inheritance rights	Yes – spouse inherits first	No – blood relatives inherit
Inheritance tax exemption	Yes – 0% tax	No – 40% tax above £325,000
Right to property	Yes – even without will	No – unless jointly owned or proven claim
Pension rights	Yes – automatic survivor's pension	No – depends on scheme nomination
Financial support on separation	Yes – maintenance possible	No – no automatic rights

The House of Commons Library research briefing states: "No amount of time living with a partner can give the same rights as those couples who are married."

Ten years together means nothing. Twenty years together means nothing. Having children together doesn't change this. Sharing a mortgage doesn't change this. Calling each other "husband" and "wife" doesn't change this.

Unless you're legally married or in a civil partnership, you have no automatic protection.

The Intestacy Nightmare: What Happens If Your Partner Dies Without a Will

If you die without a will in England and Wales, the law decides who inherits. It's called intestacy, and it follows a strict hierarchy.

Here's the priority order under intestacy rules:

Spouse or civil partner
Children
Parents
Siblings (or their children if deceased)
Half-siblings
Grandparents
Aunts and uncles
Half-aunts and half-uncles

Notice who's missing from that list? Your unmarried partner.

It doesn't matter if you've been together for 30 years. It doesn't matter if you raised children together. It doesn't matter if you jointly own a home. If your partner dies without a will, their share of everything goes to their blood relatives, not to you.

Let me show you exactly what this looks like in practice.

Scenario 1: Partner dies with no children, but parents are alive

David and Rachel had been together 15 years. They owned their £450,000 London flat as "tenants in common"—each owning 50%. They'd agreed to this structure because David had contributed more to the deposit. When David died suddenly in a cycling accident at 43, Rachel discovered the devastating truth: David's parents inherited his 50% share under intestacy rules. David's father demanded Rachel either buy out their £225,000 share immediately or sell the flat. Rachel, a freelance designer with irregular income, couldn't secure a mortgage for that amount. She was forced to sell the home she'd lived in for over a decade.

Scenario 2: Partner dies with children from previous relationship

Lisa and Mark lived together for 8 years. Mark had two teenage children from his previous marriage. When Mark died from cancer at 52, his entire estate—including his savings, his car, and his share of the house—went to his children. Lisa had nursed Mark through his final months, but legally, she had no claim. Mark's children, now adults, inherited everything. Lisa was left with nothing except her own possessions.

Scenario 3: Partner dies with no close relatives

Even in the rare case where your partner has no spouse, children, parents, or siblings, you still don't automatically inherit. The estate keeps moving down the family tree—to grandparents, to aunts and uncles, to distant cousins. If no relatives can be found at all, the entire estate goes to the Crown. Before you receive a penny, the government gets everything.

You are not in the chain of inheritance. You are legally a stranger to your partner's estate.

There is one limited option available: the Inheritance (Provision for Family and Dependants) Act 1975. This allows you to make a claim if you've cohabited for at least two years immediately before your partner's death.

But understand what this means:

You must apply within six months of the Grant of Representation (Grant of Probate)
You need to hire solicitors and potentially go to court
Legal fees typically range from £10,000 to £50,000 or more
There's no guarantee you'll win
Even if you win, you'll only receive "reasonable financial provision for maintenance"—not what a spouse would automatically receive
The process takes months or years during the worst period of your life

This isn't protection. It's a legal battle when you're grieving.

A 2024 survey found that 68% of cohabiting individuals don't understand the intestacy rules that would apply if their partner died without a will. They believe the law will protect them. It won't.

Property Ownership: Why "We Bought This Together" Doesn't Mean What You Think

Owning property together as unmarried partners is more complicated—and more risky—than most couples realize.

There are two ways to own property jointly in England and Wales: as joint tenants or as tenants in common. The difference between them could cost you your home.

Joint tenants means you each own the entire property equally, with no defined shares. If one of you dies, the survivor automatically inherits the whole property through the "right of survivorship." This happens regardless of what's in a will—or whether there's a will at all. For unmarried couples, this is the safer option.

Tenants in common means you each own a specific percentage of the property—often 50/50, but sometimes reflecting unequal deposits or mortgage contributions (say, 60/40 or 70/30). If one partner dies, their share does NOT automatically go to the survivor. Instead, it passes according to their will. If there's no will, it passes under intestacy rules to their blood relatives.

Here's the problem: many unmarried couples choose tenants in common because it feels fair to reflect unequal financial contributions. But without wills, this structure is a disaster.

Consider Sarah and Tom. They bought their £400,000 Bristol house as tenants in common: 60% Sarah, 40% Tom, reflecting their deposits. When Tom died suddenly at 39 without a will, his 40% share (£160,000) went to his estranged father under intestacy rules. Tom's father demanded Sarah buy him out immediately. She couldn't afford it. She had to sell the home she'd renovated, the home where she'd planned to raise children, the home she thought was hers.

If Tom had written a will leaving his share to Sarah, she'd still be living there.

Even if one partner solely owns the property, the other partner isn't completely without options—but these options involve expensive, uncertain legal battles. Under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA), you can try to prove you have a "beneficial interest" in the property by showing:

An express declaration that you should have ownership rights, or
A common intention (proven through conduct) that you should share ownership, or
Financial contributions that created a constructive trust

These claims are legally complex, expensive, and unpredictable. Legal fees can easily reach £15,000 to £100,000, and there's no guarantee of success. You might have lived in the property for 20 years, paid half the bills, and renovated the kitchen, and still lose your claim.

Property disputes between unmarried couples can be legally complex. If you're facing a property dispute or have complex beneficial interest claims, consult a solicitor specializing in property or family law.

The simple solution: check how your property is registered and make wills that protect each other.

If you own property as tenants in common, consider a Declaration of Trust—a legal document registered with the Land Registry that clearly states who owns what percentage and what happens on death or sale. Typical cost: £200–£500. It prevents arguments and provides clarity.

But a Declaration of Trust alone isn't enough. You still need a will.

Children and Parental Responsibility: Another Common Law Myth

Having children together doesn't create legal protection for unmarried partners either.

Parental responsibility—the legal rights and duties regarding your child—follows specific rules:

If you're the mother: You automatically have parental responsibility, whether married or not.
If you're the father and on the birth certificate (for children born after December 2003): You have parental responsibility.
If you're the father but NOT on the birth certificate: You have no automatic parental responsibility.
If you're a step-parent or partner who's not the biological parent: You have no parental responsibility, even if you've raised the children for years.

Here's what this means when a parent dies.

If the parent with parental responsibility dies, custody usually goes to the other biological parent—even if that parent has been absent for years, even if they have a poor relationship with the children, even if your partner (the step-parent) has been the primary caregiver.

Claire raised David's two daughters for 8 years after their mother died. The girls called her "Mum." When David died suddenly from a brain aneurysm at 44, custody went to the girls' maternal grandparents—people the children barely knew. Claire had no legal standing as a guardian. She had no automatic right to continue raising them. The family was ripped apart.

If David had named Claire as guardian in his will, she would have had legal grounds to raise his daughters.

That's the only way to ensure your partner becomes guardian of your children: name them in your will. Without it, the courts decide, and they'll typically favor biological relatives over unmarried partners.

For comprehensive guidance on this crucial decision, read our article on choosing guardians for your children.

Why the Myth Persists: From 1753 to 2025

If common law marriage doesn't exist, why do nearly half of all cohabiting couples believe it does?

The answer lies in history, geography, and wishful thinking.

Common law marriage did exist before 1753. Couples could marry informally without a church ceremony or official documentation. The Marriage Act 1753 (also known as Lord Hardwicke's Act) abolished these informal marriages in England and Wales, requiring formal ceremonies performed by Anglican priests for marriages to be legally valid.

That was 272 years ago. Yet the term "common law marriage" persists in popular culture.

Scotland adds to the confusion. Scotland has a separate legal system and historically recognized irregular marriages. While Scottish law has also changed, the existence of different rules north of the border reinforces the myth that "common law marriage" might still exist somewhere in the UK.

American TV shows and media play a role too. Several US states do recognize common law marriage after a certain period of cohabitation. When British couples watch American shows where characters discuss their "common law" status, it reinforces the false belief that it applies here.

There's also generational transmission—parents and grandparents using the phrase "common law husband" or "common law wife" colloquially, passing down the misconception that it has legal meaning.

Finally, there's wishful thinking. The idea that the law would leave millions of families unprotected feels unjust. Surely, couples think, if we've been together 10 years, raised children, bought a home, built a life together—surely we must have some rights. The belief persists because the alternative is too disturbing to accept.

But the law doesn't care about what feels fair. It cares about what's written in statute.

The impact falls disproportionately on vulnerable groups. The 2022 House of Commons Women and Equalities Committee report found that the common law marriage myth leaves disadvantaged groups—particularly women, lower-income families, and younger couples—at greater risk because they're less likely to seek legal advice.

The Committee called for reform and public awareness campaigns. The government rejected most recommendations, saying reform must wait.

Are Reforms Coming? The 2025 Legal Landscape

There is movement toward reform, but you cannot rely on it.

In February 2025, the UK government announced that a formal consultation on cohabitation rights would begin later in the year. The Labour Party's 2024 manifesto pledged to "strengthen the rights and protections available to women in cohabiting couples."

Proposed reforms could include:

Automatic inheritance rights for cohabitees who've lived together for a certain period
A "Cohabitation Right" allowing financial support claims after separation for couples who cohabited for 2+ years
Property rights protections

These proposals build on Law Commission recommendations from 2007 and 2011 that were never implemented. For nearly 20 years, experts have called for change. For 20 years, nothing has happened.

The current government says it's different this time. The minister responsible for family justice stated that the consultation will "build public consensus on what cohabitation reform should look like."

But here's what you need to understand:

Reforms are NOT law yet. A consultation is just the first step. After the consultation comes draft legislation, parliamentary debate, amendments, committee reviews, votes in the Commons and Lords, and finally Royal Assent. This process takes years, not months.

There's no guarantee reforms will pass. Previous governments shelved similar proposals. Political priorities shift. Legislation gets delayed or abandoned.

Reforms likely won't be retrospective. Even if new laws pass, they typically apply only to couples cohabiting after the law comes into force, not those already together.

You cannot wait. Waiting for legal reform is a gamble with your family's future. What if the reforms don't happen? What if they're watered down? What if something happens to you or your partner before the law changes?

Information about proposed legal reforms is current as of October 2025. Laws may change. Do not rely on potential future reforms to protect your family—take action now with the tools currently available.

Hope is not a strategy. Protect yourself today.

How to Protect Your Partner Right Now: 4 Essential Steps

You don't need to wait for the law to change. You can protect your partner today with four simple, affordable steps.

Step 1: Make a Will (Non-Negotiable)

This is the single most important action you can take. A will is the ONLY way to guarantee your partner inherits your estate.

In your will, you can:

Leave your entire estate to your partner
Leave specific gifts (your house, savings, possessions) to your partner
Name your partner as guardian of your children
Specify exactly how you want your estate divided

Without a will, intestacy rules control everything, and your partner gets nothing automatically.

The average cost of making a will with a solicitor is £650 or more. It involves multiple appointments, weeks of waiting, and complex legal paperwork.

With WUHLD, you can create a legally valid will online in 15 minutes for £49.99. You get:

Your complete, legally binding will
A 12-page Testator Guide explaining how to execute your will properly
A Witness Guide to give to your witnesses
A Complete Asset Inventory documentKey takeaways:
Common law marriage does not exist in UK law and hasn't since 1753
49% of cohabiting couples wrongly believe they have legal protection
Unmarried partners have no automatic inheritance rights under intestacy rules
Without a will, your partner inherits nothing—your estate goes to blood relatives
Property ownership as "tenants in common" is dangerous without wills
Legal reforms are being discussed but aren't law yet—you cannot wait
A £49.99 will from WUHLD protects your partner better than a £50,000 court battle

The law won't protect your partner. But you can.

Take 15 minutes today to create your will. Your partner deserves that protection, and you deserve the peace of mind knowing they'll be cared for.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer: This article provides general information about common law marriage myths and cohabitation rights in the UK. It does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.

Sources: