Understanding Your Rights as an Unmarried Partner

As it becomes more and more common for couples to live together without marrying or entering into a civil partnership, it becomes increasingly important to understand what happens when an unmarried partner dies.

The government is also expected to introduce more rights for cohabiting couples in the near future.

“But we’re common-law married!”

Common law marriage does not exist in the UK.

The current law does not give special legal status to couples who live together without marrying or entering into a civil partnership. If you are cohabiting, the law essentially treats this as if you had bought a house with a stranger.

How to Protect Your Money When Buying a House Together

Unmarried people often contribute differently to property deposits and mortgage payments. These unequal contributions can be protected through a declaration of trust, which outlines who owns what share of the property.

Without a written agreement, the legal presumption is that the property is owned equally. If a married couple has a declaration of trust and later divorces, the court may adjust ownership under financial orders. This does not apply to unmarried couples — at least not under the current law.

Inheritance Tax

Gifts between spouses and civil partners are exempt from inheritance tax, whether given during life or upon death.

Gifts to an unmarried partner are not exempt and instead use up the deceased’s Nil Rate Band (£325,000). In addition, the Residence Nil Rate Band is only available if property is left to a direct descendant, not to a partner.

This means that, depending on the estate’s value, inheritance tax may be due, potentially forcing a home sale to cover the bill — leaving the surviving partner without their home.

In contrast, married couples can pass assets between themselves tax-free, and pass on up to £1 million tax-free to their children on the second death.

Why You Need a Will

Unmarried partners are not recognised under the intestacy rules. Without a Will, a surviving partner will only inherit:

  • Joint assets held as joint tenants (e.g., some bank accounts or property)

Assets in the deceased’s sole name or owned as tenants in common will pass to the deceased’s closest living relatives.

The only recourse is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which:

  • Requires at least two years of cohabitation in a marriage-like relationship
  • Limits claims to what’s needed for maintenance (basic living costs)

It is especially important for unmarried couples to make Wills and to own property as tenants in common if they use a declaration of trust.

What Might Change?

In 2021, the House of Lords proposed extending intestacy rules to include cohabiting partners who had lived together for three years or had a child together. However, these proposals did not progress due to lack of government backing.

The new government has pledged in its manifesto to strengthen protections for women in cohabiting relationships and plans to consult on reforming cohabitation law.

Early ideas include an opt-out scheme to protect financially vulnerable partners, though it must balance fairness with the choices of couples who choose not to marry.

Public Opinion

A recent poll by Will Aid revealed that:

  • 65% of people believe the intestacy rules should include unmarried partners
  • About 75% of unmarried partners are unaware of what happens on death without a Will

Any legal reform could be controversial, as many couples intentionally avoid marriage and may not want assets to pass automatically to their partner. If you want your partner to inherit from you, the current advice is clear:

Make a Will — or get married.

How We Can Help

Whatever the government decides, the only way to guarantee your assets go to the people you care about is by making a valid Will.

For further advice and assistance, please contact our Wills, Trusts and Probate team on 01604 828282 / 01908 660966 or email [email protected].

Written by Eddie Bell
Solicitor, Wills Trusts and Estate Planning at Franklins Solicitors LLP

Specialises in Wills, Lasting Powers of Attorney, Trust administration, Declarations of Trust, tax planning, and estate administration.

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