Despite the common belief in 'common law marriage', cohabiting couples in England and Wales have very few automatic legal rights — even in 2026. If your partner dies without a Will, you could lose your home and inherit nothing.
An estimated 3.6 million couples in England and Wales live together without being married or in a civil partnership. Many wrongly believe they have the same rights as married couples, but the law treats them very differently.
If your unmarried partner dies intestate (without a Will), you have no automatic right to inherit anything. The estate passes to their children, parents, siblings, or even more distant relatives — but not to you.
Even if you've lived together for decades, contributed to the mortgage, and raised children together, you may need to make a costly court claim under the Inheritance (Provision for Family and Dependants) Act 1975 — with no guarantee of success.
The good news is that making a Will can fix this entirely. A properly drafted Will can ensure your partner inherits your estate, lives in your home, and is provided for financially.
We also recommend that cohabiting couples consider Lasting Powers of Attorney. Without them, you have no legal right to make decisions for your partner if they lose capacity — the court may appoint someone else entirely.
At Castle Family Legal, we help cohabiting couples protect each other with tailored Wills and LPAs. Contact us for a free consultation.
