We own a house together but aren't married
In short
If you are not married or in a civil partnership, you have no automatic right to inherit from each other. Whether your home passes to the survivor depends entirely on how you own it — joint tenants (passes automatically) or tenants in common (passes under a will or intestacy). Without a will, a surviving partner can be left with nothing.
The situation
You and your partner live together and co-own your home, but you are not married or in a civil partnership.
What happens legally
There is no such thing as common-law marriage in England and Wales. Two things decide what happens to your home:
- Joint tenants: the property passes automatically to the surviving owner by survivorship, outside any will and without probate.
- Tenants in common: each of you owns a distinct share, which passes under your will — or, if you have no will, under the intestacy rules to your blood relatives, not your partner.
- Under the intestacy rules, an unmarried partner inherits nothing automatically, regardless of how long you have lived together.
The risks
- If you are tenants in common with no will, your share of the home could pass to relatives instead of your partner.
- A surviving partner may have to bring a stressful Inheritance Act 1975 claim just to stay in the home.
- Assumptions about 'common-law' rights leave many surviving partners with no legal entitlement at all.
Recommended actions
- Check how you own your home — the Land Registry title shows joint tenants or tenants in common.
- Make mirror wills leaving your share to each other (and decide who inherits after you both die).
- Consider whether joint tenancy or a life-interest trust best protects the survivor while providing for any children.
- Review pension and life-insurance nominations so they name your partner.
Sources
- Administration of Estates Act 1925 (intestacy) — legislation.gov.uk
- Inheritance (Provision for Family and Dependants) Act 1975 — legislation.gov.uk
- HM Land Registry — Joint property ownership (GOV.UK)
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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