Living Together but Not Married? Why Cohabiting Couples Need a Will

More couples than ever are choosing to live together without getting married. Across the UK, cohabiting couples are now the fastest-growing family type. Many of these couples share a home, raise children together, and build their lives side by side for decades.

Yet the law does not treat them remotely the same as married couples. If one partner dies without a will, the other could be left with nothing — no home, no savings, no legal right to anything at all. It is one of the most dangerous gaps in UK family law, and the only reliable way to close it is with a will.

The Myth of Common Law Marriage

This is the single biggest misunderstanding in UK family law. A huge number of cohabiting couples believe that living together for a certain number of years gives them the same legal rights as a married couple. Some call it "common law marriage" and genuinely believe it exists.

It does not. Common law marriage has no legal standing in England and Wales. It makes no difference whether you have lived together for 2 years or 20 years. Without a marriage certificate or civil partnership, you have no automatic right to inherit from your partner, no automatic right to remain in a shared home, and no automatic claim on their pension, savings, or any other asset.

Surveys consistently show that around half of cohabiting couples in the UK believe they have legal protections that simply do not exist. If you are one of them, this article could be the most important thing you read today.

What Actually Happens If Your Partner Dies Without a Will?

When someone dies without a valid will in England and Wales, the rules of intestacy determine who inherits their estate. These rules follow a strict order: spouse or civil partner first, then children, then parents, then siblings, and so on down the bloodline.

Notice who is completely absent from that list: an unmarried partner. Under intestacy, a cohabiting partner receives absolutely nothing, regardless of:

• How long you have lived together
• Whether you have children together
• Whether you jointly own a home
• Whether you are financially dependent on each other
• Whether everyone in your life considers you a couple

If your partner has adult children from a previous relationship, those children inherit everything. If your partner has no children but their parents are alive, the parents inherit. Your decades of partnership count for nothing in law.

The Home You Share Could Be at Risk

For many cohabiting couples across London and Surrey, the family home is the most valuable asset at stake — and it is where the consequences of having no will can be most devastating.

What happens to your home depends on how it is owned:

Joint Tenants

If you own your home as joint tenants, the property passes automatically to the surviving owner by right of survivorship, regardless of what a will says or whether one exists. This is the one scenario where a cohabiting partner is protected — but only in relation to the property itself. All other assets (savings, investments, possessions) are still governed by the intestacy rules.

Tenants in Common

If you own as tenants in common, each partner owns a defined share of the property. That share does not pass automatically to the other partner — it forms part of the deceased's estate and is distributed according to their will, or the intestacy rules if there is no will. Without a will, the surviving partner could be forced to sell the home to pay out the deceased's share to their blood relatives.

One Partner Owns the Home

If only one partner is on the title deeds — which is common when one person owned the property before the relationship began — the non-owning partner has no automatic right to remain in the home if the owner dies. They could be asked to leave by whoever inherits the property under intestacy.

For couples in Richmond, Kingston, and Esher, where property values are substantial, the financial consequences can be life-changing.

What About Your Children?

If you have children together and are not married, the intestacy rules do provide for them — your children inherit your estate if you have no spouse. But there are important complications:

• Your children inherit everything, but your partner inherits nothing — which can leave the surviving parent financially exposed while raising your children
• If the children are under 18, their inheritance is held by trustees appointed by the court, not necessarily the people you would choose
• Without a will, you cannot name a guardian for your children — the court decides
• You cannot set up a trust to control when and how children receive their inheritance

A will lets you provide for both your partner and your children in the proportions and manner you choose — something the intestacy rules simply cannot do for an unmarried family.

Can a Cohabiting Partner Make a Claim Against the Estate?

In limited circumstances, yes. Under the Inheritance (Provision for Family and Dependants) Act 1975, a cohabiting partner who lived with the deceased for at least two years immediately before their death can apply to the court for "reasonable financial provision" from the estate.

However, this is not a right — it is a claim, and claims can be:

• Contested by other beneficiaries or relatives
• Expensive — legal fees for contested claims can run into tens of thousands of pounds
• Slow — court proceedings add months or years to an already stressful process
• Uncertain — the court may not award what you need, and the standard of provision is lower than for a spouse

A will that clearly provides for your partner avoids all of this. It costs a fraction of a court claim, takes a fraction of the time, and gives you certainty rather than hope.

What Should a Cohabiting Couple's Will Include?

A well-drafted will for an unmarried couple should address:

• Who inherits your share of the home — and whether your partner has the right to remain living there
• Financial provision for your partner — savings, investments, life insurance, and pension nominations
• Provision for children — including trusts to protect their inheritance and guardianship appointments
• What happens if you both die — naming secondary beneficiaries in case of a shared accident
• Executors — choosing someone you trust to carry out your wishes, as explained in our guide to choosing executors

Many cohabiting couples also choose to make mirror wills — two wills that reflect each other's terms, leaving everything to each other first, then to children or other beneficiaries. Mirror wills are particularly popular because they are straightforward and affordable.

Beyond the Will: Other Steps to Take

A will is the foundation, but cohabiting couples should also consider:

• Lasting Power of Attorney — without one, your partner has no automatic right to make financial or medical decisions on your behalf if you lose capacity. Our guide to LPAs explains the two types and their costs.
• Pension and life insurance nominations — many pension schemes and life policies let you nominate who receives the payout on death. These nominations operate outside your will, so check they are up to date.
• Property ownership structure — review whether joint tenancy or tenants in common is the right arrangement for your situation, and understand the implications of each.

How Abrahams Wills Can Help

I work with cohabiting couples across Hounslow, Twickenham, Chiswick, Brentford, and throughout London and Surrey who want to make sure their partner and children are properly protected. As a member of The Society of Will Writers, I explain the legal reality clearly, help you understand your options, and draft wills that give you both peace of mind.

A single will starts from £150 and a mirror will for couples from £250, including a home visit. All prices include VAT with no hidden fees. I visit you at home, 7 days a week, daytime or evening.