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Unmarried Couple Rights

Also known as: Cohabiting Rights, Partner Rights

Definition

Unmarried couple rights are the extremely limited legal entitlements that cohabiting partners have regarding inheritance and estate matters in England and Wales, with no automatic inheritance rights regardless of relationship length.

Understanding these rights is crucial because research shows 46-51% of cohabiting couples wrongly believe they have equivalent rights to married couples.

What Does Unmarried Couple Rights Mean?

In England and Wales, unmarried couples have no automatic inheritance rights, no matter how long they've lived together or whether they have children. This reality contradicts the widely believed "common law marriage" myth. Under intestacy rules established by the Administration of Estates Act 1925, when someone dies without a will, their estate passes to blood relatives—children, parents, siblings—with unmarried partners receiving nothing. Only married couples and civil partners have automatic inheritance rights. With 3.6 million cohabiting couples in the UK, this legal gap affects millions who assume their relationship provides protection it doesn't.

The Inheritance (Provision for Family and Dependants) Act 1975 provides the only legal route for unmarried partners to claim from a deceased partner's estate. Section 1(1A) allows claims if you lived "in the same household" with your partner "as if married" for at least two years immediately before their death. However, these claims require expensive court proceedings, are unpredictable in outcome, and typically result in awards smaller than automatic spousal rights. Courts assess factors including the length of cohabitation, financial dependency, and contributions to the household. You must claim within six months of probate being granted. Sarah, whose partner James died after 16 years together, faced £15,000 in legal costs pursuing a 1975 Act claim—money she desperately needed for daily expenses.

The tax disadvantages compound these inheritance limitations significantly. Married couples and civil partners benefit from the spouse exemption, allowing them to inherit from each other completely tax-free regardless of estate value. Unmarried couples receive no such exemption. Any inheritance above £325,000 (the nil-rate band for 2024/25) faces 40% inheritance tax. Worse, unmarried couples cannot transfer unused nil-rate bands between partners like married couples can, and they lose access to the residence nil-rate band of up to £175,000. This means an unmarried couple could collectively lose up to £500,000 in tax relief compared to a married couple with equivalent assets. Making a will naming your partner as beneficiary doesn't avoid this tax—only marriage, civil partnership, or careful estate planning can.

Common Questions

"Do unmarried couples automatically inherit from each other?"

No, unmarried couples have no automatic inheritance rights in England and Wales, regardless of how long they've lived together or whether they have children. If your partner dies without a will, intestacy rules mean their estate passes to blood relatives and you receive nothing. The only way to ensure your partner inherits is to make a will.

"What is the 2-year rule for unmarried couples and inheritance?"

If you've lived with your partner for at least 2 years immediately before their death, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision. However, this requires court proceedings, can be expensive and unpredictable, and awards are typically smaller than those for married couples. Making a will is far more reliable.

"Are unmarried couples exempt from inheritance tax like married couples?"

No, unmarried couples do not benefit from the spouse exemption that allows married couples and civil partners to inherit tax-free. Anything you inherit above £325,000 (the nil-rate band) is subject to 40% inheritance tax. You also cannot transfer unused tax allowances between partners like married couples can, potentially costing your estate up to £175,000 in lost relief.

Common Misconceptions

Myth: We've lived together for 10 years, so we have the same rights as a married couple—we're "common law married."

Reality: Common law marriage does not exist in England and Wales. No matter how long you've lived together, you have no automatic inheritance rights. If your partner dies without a will, you inherit nothing under intestacy rules. Research shows 46-51% of cohabiting couples wrongly believe they have rights equivalent to married couples.

Myth: As long as we own our home together, my partner will get to keep it if I die.

Reality: This depends entirely on how you own the property. If you own as "beneficial joint tenants," the property passes automatically to your partner. However, if you own as "tenants in common," your share goes into your estate and follows intestacy rules if you have no will—meaning your partner could be forced to sell the home to pay blood relatives their inheritance.

  • Cohabitee: The legal term for an unmarried partner, whose limited rights are described by this term.
  • Common Law Marriage Myth: The false belief that causes people to misunderstand unmarried couple rights.
  • Cohabitation Agreement: The protective document unmarried couples should create to establish property and financial rights.
  • Intestacy: The rules that completely exclude unmarried partners from inheritance when there's no will.
  • Civil Partner: Partners who have automatic inheritance rights equivalent to marriage, highlighting what unmarried couples lack.

Need Help with Your Will?

If you're in an unmarried relationship, making a will is the only reliable way to ensure your partner inherits from you. Without a will, intestacy rules mean they receive nothing, regardless of your relationship length.

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.