Definition
A cohabitee or unmarried partner is someone living with their romantic partner without being married or in a civil partnership—a relationship status that provides no automatic inheritance rights under UK law, regardless of how long you've lived together.
Despite what 46% of cohabiting couples believe, "common law marriage" has no legal standing in England and Wales. Under intestacy rules, unmarried partners are treated as legal strangers when it comes to inheritance.
What Does Cohabitee / Unmarried Partner Mean?
The term "cohabitee" refers to romantic partners living together without marriage or civil partnership. Under the Administration of Estates Act 1925, which governs intestacy rules in England and Wales, cohabitees have no automatic rights to inherit property, possessions, or financial assets from their deceased partner. This applies regardless of relationship length—whether you've lived together for two months or twenty years makes no legal difference under intestacy.
The widespread belief in "common law marriage" creates false security for millions of couples. A 2022 parliamentary committee found that 46% of cohabiting couples in England and Wales mistakenly believe they have legal rights equivalent to marriage. In reality, common law marriage was abolished in 1753. Without a valid will naming you as a beneficiary, you're entitled to nothing from your partner's estate.
If your partner dies without a will (intestate), their entire estate passes to blood relatives in a strict legal order: children first, then parents, siblings, nieces and nephews, and so on. Consider Sarah and James, who lived together for 12 years and had two children. When James died suddenly without a will, his £400,000 house (in his sole name) passed to his adult daughter from a previous marriage and their shared children. Despite their decade-long relationship, Sarah had no automatic claim and faced potential eviction from her family home.
The only recourse for unprovided-for cohabitees is the Inheritance (Provision for Family and Dependants) Act 1975. This allows claims for "reasonable financial provision" if you lived together for at least two years immediately before your partner's death. However, these claims must be filed within six months of probate, cost £10,000-£50,000+ in legal fees, and apply a lower standard than spousal claims. Sarah eventually received a settlement after 18 months of litigation, but far less than she would have inherited if James had simply made a will.
The inheritance tax implications compound the problem. Married couples and civil partners inherit from each other completely tax-free through the spouse exemption. Unmarried partners receive no such benefit—any inheritance over the £325,000 nil-rate band (frozen until 2030) faces 40% tax. Additionally, unused nil-rate bands cannot be transferred between cohabitees as they can between spouses, potentially creating double taxation when the surviving partner eventually dies.
Protection requires active steps: making a valid will naming your partner as beneficiary, structuring property ownership as joint tenants (which passes automatically outside the will), or formalising your relationship through civil partnership. Since 2019, opposite-sex couples can enter civil partnerships, gaining identical legal protections to marriage without the ceremony.
Common Questions
"Do unmarried partners automatically inherit if their partner dies without a will?"
No. Under UK intestacy rules, unmarried partners (cohabitees) have no automatic inheritance rights, regardless of how long you've lived together. If your partner dies without a will, their estate passes to blood relatives—children, parents, or siblings—not to you. This is why making a will is critical for unmarried couples.
"Can a cohabitee make a claim against their deceased partner's estate?"
Yes, but only under specific conditions. You can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you lived together as a couple for at least two years immediately before your partner's death. However, claims are limited to "reasonable maintenance" (not the full spousal entitlement) and must be made within six months of probate.
"Do cohabitees get the same inheritance tax benefits as married couples?"
No. Married couples and civil partners can inherit from each other completely free of inheritance tax through the spouse exemption. Unmarried partners receive no such exemption—any inheritance over £325,000 (the nil-rate band) is taxed at 40%, and unused nil-rate bands cannot be transferred between cohabitees like they can between spouses.
Common Misconceptions
Myth: "We've lived together for 10 years and have children together, so we're 'common law married' and I'll inherit if my partner dies."
Reality: Common law marriage has no legal standing in England and Wales—it was abolished in 1753. Living together for any length of time, even decades with shared children, gives you zero automatic inheritance rights. Under intestacy rules, you're treated as legal strangers. Only a will, civil partnership, or marriage provides automatic inheritance rights. The 2022 parliamentary committee found 46% of cohabiting couples falsely believe they have these rights, leaving thousands of surviving partners financially vulnerable each year.
Myth: "My partner and I have a joint bank account and jointly own our home, so I'll automatically get everything when they die."
Reality: Joint ownership protects only jointly-owned assets. If you own your home as joint tenants and have a joint bank account, those specific assets will pass to you automatically. However, anything in your partner's sole name—their personal savings, pension, investments, car, personal possessions, or half-share of property owned as tenants in common—will follow intestacy rules and pass to blood relatives, not to you. People conflate joint ownership of some assets with comprehensive legal protection, but joint accounts create false security without a will.
Related Terms
- Common Law Marriage Myth: Explains the widespread misconception that cohabitees have automatic legal rights equivalent to married couples, which leaves many unmarried partners dangerously unprotected.
- Cohabitation Agreement: A contractual tool that helps cohabitees clarify property ownership and financial arrangements during their relationship, offering protection beyond inheritance law.
- Intestacy: The legal framework that governs estate distribution when someone dies without a will—rules that completely exclude unmarried partners from inheriting.
- Joint Property: Explains the crucial distinction between joint tenants (automatic inheritance) and tenants in common (passes via will or intestacy) for property ownership.
- Civil Partner: The alternative legal status available to both same-sex and opposite-sex couples since 2019, providing identical inheritance rights to marriage without the ceremony.
Related Articles
- Unmarried Couples and Wills: Comprehensive guide explaining why unmarried partners must make wills to protect each other under UK law.
- Common Law Marriage Myth
- Inheritance Rights for Unmarried Partners: Detailed explanation of what cohabitees can and cannot inherit, including Inheritance Act claim requirements.
- Joint Property Ownership for Couples: Explains how different ownership structures affect inheritance outcomes for unmarried couples.
- Protecting Your Partner Without Marriage: Practical strategies including wills, cohabitation agreements, and joint ownership arrangements for unmarried couples.
Need Help with Your Will?
Understanding cohabitee status reveals a critical truth: without a will, unmarried partners receive nothing under UK law. Protecting your partner requires a valid will that explicitly names them as your beneficiary.
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Legal Disclaimer:
This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.