Skip to main content
WUHLD
← Back to glossary

Common Law Marriage Myth

Also known as: Common Law Spouse Myth

Definition

The common law marriage myth is the widespread but false belief that living together for a certain period automatically grants unmarried couples the same legal rights as married couples—it doesn't.

This misconception affects nearly half of British adults and puts 3.6 million cohabiting couples at serious financial risk, especially when a partner dies without a will.

What Does Common Law Marriage Myth Mean?

Nearly half of British adults—and 55% of cohabiting couples with children—believe that living together for a certain period (commonly thought to be two years) automatically grants legal rights equivalent to marriage. This widespread belief is completely false. In England and Wales, "common law marriage" has no legal recognition whatsoever, as confirmed by official GOV.UK guidance. Whether you've lived together for two months or 20 years, if you're not married or in a civil partnership, you have almost no automatic legal rights when your partner dies or the relationship ends. This myth puts 3.6 million cohabiting couples—the fastest-growing family type in the UK—at serious financial risk.

The consequences of this myth can be devastating, especially when a partner dies without a will. Under the Administration of Estates Act 1925, unmarried partners inherit nothing automatically—the entire estate goes to blood relatives, even if the deceased has no relationship with those relatives. If Sarah and David lived together for 15 years in their £400,000 home owned as tenants in common, David's 50% share would go to his next of kin (perhaps a sibling or parent), not to Sarah. She could be forced to sell the family home or buy out relatives at a time of grief. Additionally, unmarried partners receive no spouse exemption for inheritance tax, meaning estates above £325,000 face a 40% tax charge that married couples would avoid entirely.

While unmarried partners can make claims under the Inheritance (Provision for Family and Dependants) Act 1975 if they cohabited for at least two years before death, these claims are far from automatic or straightforward. The court assesses claims on a "maintenance" standard—what's reasonable for basic living needs—rather than the higher standard applied to spouses. Claims must be brought within six months of probate being granted, require expensive legal representation, and have uncertain outcomes. Even jointly-owned property isn't always protected: if you own as tenants in common (rather than joint tenants), your partner's share will form part of their estate and could go to relatives. The only reliable protection for unmarried couples is making a will that specifically names your partner as a beneficiary.

Common Questions

"Does common law marriage exist in the UK?" No, common law marriage does not exist in England and Wales. There is no such thing as a 'common law marriage' under UK law, regardless of how long you've lived together or whether you have children. Only people who are legally married or in a registered civil partnership have automatic legal rights and protections.

"What happens if my unmarried partner dies without a will?" If your partner dies without a will and you're not married or in a civil partnership, you have no automatic right to inherit anything from their estate under intestacy rules. Everything goes to blood relatives, even if you've lived together for decades. You can only make a claim under the Inheritance Act 1975 if you lived together as a couple for at least two years before the death.

"How can unmarried couples protect each other legally?" Unmarried couples should create wills naming each other as beneficiaries, consider a cohabitation agreement to clarify property and financial arrangements, and ensure jointly-owned property is held as joint tenants (not tenants in common). For significant assets, a Declaration of Trust can protect property interests. These steps provide the legal protection that married couples receive automatically.

Common Misconceptions

Myth: "If we've lived together for two years, we're automatically common law married and have the same rights as married couples."

Reality: There is no such thing as common law marriage in England and Wales, and no length of cohabitation creates automatic legal rights. The two-year period people often cite actually refers to the minimum cohabitation period required to bring a claim (not an automatic right) under the Inheritance Act 1975 if your partner dies without a will. Even then, you must go through expensive legal proceedings with no guarantee of success.

Myth: "My partner and I jointly own our home, so I'll automatically inherit their share when they die, even without a will."

Reality: It depends entirely on how you own the property. If you own as "joint tenants," the property automatically passes to the survivor outside of the will or intestacy rules—this is the only protection that works automatically. However, if you own as "tenants in common" (common for unmarried couples who contributed different amounts to the purchase), your partner's share becomes part of their estate when they die. Without a will, their share will go to their blood relatives under intestacy rules, not to you. You could be forced to sell the family home or buy out relatives.

  • Cohabitee: The correct legal term for someone in an unmarried cohabiting relationship, unlike "common law spouse" which has no legal meaning.
  • Unmarried Couple Rights: Provides comprehensive detail about the actual legal rights unmarried couples have, going beyond the myth to explain the full legal landscape.
  • Cohabitation Agreement: The primary proactive legal protection unmarried couples can create as a contractual substitute for the automatic protections married couples receive.
  • Intestacy: The legal process when someone dies without a will, particularly devastating for unmarried couples because intestacy rules completely exclude unmarried partners.
  • Civil Partner: One of the two legal alternatives to marriage that provides legal rights and protections, available to opposite-sex couples since 2019.

Need Help with Your Will?

Understanding that common law marriage doesn't exist is the first step—protecting your unmarried partner requires a legally valid will. Without one, your partner could lose their home and financial security overnight, with everything going to distant relatives under intestacy rules.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

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.