We Live Together — Does My Partner Have Any Rights If I Die?

Very few. In England and Wales, living together — even for decades — gives your partner almost no automatic rights if you die without a will. They could lose their home and inherit nothing.

This surprises many couples who assume long-term cohabitation creates legal protection. It doesn't. Here's what you need to know and do.

The Harsh Reality

What Your Unmarried Partner DOESN'T Get

• No automatic inheritance — they're not recognised in intestacy rules
• No right to the home — unless they're on the deeds
• No widow's pension — from most state or occupational schemes
• No automatic life insurance — unless specifically named
• No say in funeral arrangements — next of kin takes over

Who DOES Inherit If You Die Without a Will?

Under intestacy rules, your estate goes to:

1. Children (or grandchildren if children have died)
2. Parents (if no children)
3. Siblings (if no parents)
4. Half-siblings, grandparents, aunts/uncles, and so on
5. The Crown (if no relatives at all)

Notice who's not on this list? Your partner. Even if you've lived together for 30 years, have children together, and they gave up their career to support you.

The "Common Law Marriage" Myth

There is no such thing as common law marriage in England and Wales.

• Living together for any length of time doesn't create marriage-like rights
• Having children together doesn't create marriage-like rights
• Calling yourselves husband and wife doesn't create marriage-like rights

A 2019 survey found 46% of people believe common law marriage exists. It doesn't.

What Happens to Your Home?

If You Own the Home Solely

Your partner has no automatic right to stay. The property passes to whoever inherits under intestacy (usually children or parents).

They could be asked to leave — by your grieving children or relatives who inherit.

If You Own Jointly as Joint Tenants

Your share passes automatically to your partner. This happens outside intestacy rules.

This is the safest arrangement for cohabiting couples who want the survivor to inherit.

If You Own Jointly as Tenants in Common

Your share passes according to your will (or intestacy if no will). Without a will, your partner doesn't inherit your share — your relatives do.

If Your Partner Lives in Your Home But Isn't on the Deeds

They have no ownership rights. They may have limited protection from immediate eviction, but ultimately the new owner can require them to leave.

Can Your Partner Make a Claim?

Under the Inheritance (Provision for Family and Dependants) Act 1975, a cohabiting partner can apply to court for "reasonable financial provision" if:

• They lived with you as husband/wife or civil partner
• For at least 2 years before your death
• Continuously (not on and off)

What They Could Get

The standard for cohabitants is "maintenance" — what's reasonably needed for their living expenses. This is much less than a spouse would receive.

They're not entitled to a "fair share" of your estate — just enough to maintain themselves.

It's Uncertain and Expensive

• Court claims cost thousands in legal fees
• Outcome is never guaranteed
• Process is stressful and takes months
• Your family might contest it

Relying on an Inheritance Act claim is a terrible plan. Make a will instead.

How to Protect Your Partner

1. Make a Will

This is the single most important thing you can do. Your will can:

• Leave your entire estate to your partner
• Give them the right to live in your home
• Balance their needs with children from previous relationships

2. Own Property as Joint Tenants

If you own property together, ensure it's held as "joint tenants" so:

• Your share passes automatically to your partner
• No need for probate on the property
• Protects them regardless of intestacy rules

3. Nominate Them on Pensions and Insurance

Check every policy and pension scheme:

• Name your partner as beneficiary of death benefits
• Update nominations regularly
• Write life insurance policies in trust for them

4. Consider Marriage or Civil Partnership

Marriage provides automatic protection:

• Inherit at least £322,000 under intestacy
• Spouse exemption from inheritance tax
• Widow's pension entitlements
• Stronger position in any dispute

If marriage isn't for you, that's fine — but you need to compensate with proper planning.

5. Set Up Lasting Powers of Attorney

Without LPAs, your partner may have no say in your care if you become incapacitated. Your next of kin (parents, children, siblings) would take precedence.

Special Issues: Children From Previous Relationships

If you have children from a previous relationship:

• They may expect to inherit
• They could resent a partner getting "their" inheritance
• Balancing needs requires careful planning

Solutions

• Life interest trust: Partner can live in your home for life, then it passes to children
• Split estate: Some to partner, some directly to children
• Life insurance: Use a policy to provide for children separately

What to Do Now

1. Make wills — both of you, naming each other
2. Check property ownership — joint tenants is usually safest
3. Review all nominations — pensions, insurance, investments
4. Set up LPAs — so you can act for each other if needed
5. Have an honest conversation — make sure you both understand the position

The Old Way vs Our Way

The Old Way	Our Way
Assume living together creates rights	Know the law and plan accordingly
Hope "common law marriage" protects you	Create legal protection through wills
Leave your partner vulnerable	Ensure they inherit what you want them to have
Rely on family "doing the right thing"	Make your wishes legally binding