Is there such a thing as common law marriage in the UK?

No. Common law marriage has not existed in England, Wales or Northern Ireland for over 250 years. No matter how long an unmarried couple have lived together — five years, fifty years, with or without children — they are legally strangers to each other for inheritance purposes.

What does a surviving unmarried partner inherit under intestacy?

Nothing. Under the Administration of Estates Act 1925, the estate passes to the deceased's children, parents or siblings in priority order. The surviving partner can only inherit if explicitly named in a valid will or via a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Can an unmarried partner claim part of the estate?

They can apply to the court under the Inheritance Act 1975 if they were a dependant or had lived with the deceased as a partner for at least the two years immediately before death. Claims are discretionary, contested, and typically cost £15,000-£50,000+ in legal fees.

What about jointly owned property?

Property held as joint tenants passes automatically to the surviving co-owner regardless of intestacy. Property held as tenants in common does not — the deceased's share falls into the estate and passes by will or intestacy. Unmarried partners should confirm in writing how they hold their home.

What pension rights does an unmarried partner have?

It depends on the scheme. Many defined contribution pensions let the member nominate any beneficiary — but the nomination must be on file. Defined benefit schemes vary: some pay a spouse-only pension; others extend to nominated cohabitants. State Pension Bereavement Support is not paid to unmarried partners.

What about life insurance?

Life insurance proceeds pass to the nominated beneficiary, regardless of marriage. Putting a policy in trust keeps it outside the estate and ensures it pays to the nominated partner directly. Without a written nomination, proceeds fall into the estate and follow intestacy rules.

Does the surviving partner have any tenancy rights?

Yes, in limited circumstances. Under the Rent Act 1977 and the Housing Act 1988, a cohabiting partner can sometimes succeed to a tenancy on death — but the rules are narrow, vary by tenancy type, and are not automatic. For owner-occupiers, no equivalent right exists.

How can an unmarried couple protect each other legally?

Write a will naming each partner as primary beneficiary. Hold property as joint tenants (or with a declaration of trust). Make pension and life insurance nominations. Consider a cohabitation agreement. The single most important step is a valid will — without one, the law treats unmarried partners as strangers.

Home · Visual Guides · Married vs Unmarried Partner Rights

Visual Guide · England & Wales · Cohabitation law

Married vs Unmarried Partner Rights — Visual Comparison

There is no such thing as a "common law spouse" in England and Wales. The legal gap between a married couple and an unmarried cohabiting couple is severe — and most people only discover it after one partner has died. The chart below shows the difference, side by side, across the five areas that matter most when someone dies.

Written by: SL · Reviewed by: SL · Last updated: May 2026

Quick Answer

A married or civil-partnered spouse inherits automatically under intestacy, qualifies for spousal exemption from IHT, can transfer unused nil-rate bands, and gets statutory pension rights. An unmarried partner — no matter how long the relationship — inherits nothing under intestacy, pays IHT on any gift above £325,000, cannot use transferable allowances, and has no automatic pension or tenancy rights. The fix is a valid will plus proper beneficiary nominations.

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Intestacy — what happens when there is no will

Married / civil partner

The surviving spouse receives all personal possessions (chattels), the first £322,000 of the estate (the statutory legacy), and half of the remaining estate. The other half goes to the deceased's children. If there are no children, the spouse takes everything.

Unmarried partner

Nothing under intestacy. The estate passes to the deceased's biological/adopted children first, then parents, then siblings, then more distant relatives. The unmarried partner can apply under the Inheritance Act 1975 — but the claim is discretionary, contested, and typically costs £15,000-£50,000+ to pursue.

Property — the family home

Married / civil partner

If held jointly (joint tenants), the home passes automatically by survivorship. If in the deceased's sole name and no will, the spouse takes it as part of intestacy. Either way the surviving spouse has secure occupation rights.

Unmarried partner

If held as joint tenants, the home still passes by survivorship — same as married couples. But if held as tenants in common or in the deceased's sole name, the partner has no automatic right to stay. They may have to negotiate with — or be evicted by — the deceased's children or family.

Pensions and bereavement benefits

Married / civil partner

Most occupational pensions pay a spouse's pension automatically. State Pension Bereavement Support Payment is available to widowed spouses. Inherited State Pension top-ups apply.

Unmarried partner

Depends entirely on the scheme. Defined contribution: usually fine if a beneficiary nomination is on file. Defined benefit: many older schemes restrict survivor benefits to spouses only. State Pension Bereavement Support is not paid to unmarried partners.

Life insurance proceeds

Married / civil partner

If the policy is nominated to the spouse, or in trust for the spouse, proceeds pass directly. If unnominated, proceeds fall into the estate and pass to the spouse via intestacy.

Unmarried partner

Only if the policy is explicitly nominated to the partner or written into trust for them. Otherwise the proceeds fall into the estate and pass under intestacy — to children or parents, not the partner. A simple nomination form fixes this.

Tenancy succession (rented homes)

Married / civil partner

Statutory right of succession to most assured and Rent Act tenancies, plus secure (council) tenancies. Spouse generally has a clear path to take over.

Unmarried partner

Limited rights only. Cohabitants may succeed to assured tenancies under the Housing Act 1988 and Rent Act 1977, but the rules are narrow, require living together as if married for a minimum period, and are not automatic. Social housing rules vary by landlord.

Inheritance Tax — what the survivor pays

Married / civil partner

Unlimited spousal exemption — no IHT on transfers between spouses. Transferable nil-rate band and residence nil-rate band on second death (up to £1m total). Pension nominations between spouses are tax-efficient.

Unmarried partner

No spousal exemption. No transferable allowances. Any gift above the £325,000 nil-rate band is taxed at 40%. A £600,000 estate left to an unmarried partner triggers up to £110,000 of IHT that married couples would not pay.

How to read the comparison

The diagram shows the default position under England & Wales law. Every single one of the unmarried-partner gaps can be closed by writing a will and making the right nominations — none of it requires getting married. But it does require deliberate steps. The law does not protect cohabiting partners by accident.

Why "common law marriage" doesn't exist

Common law marriage was abolished by Lord Hardwicke's Marriage Act 1753. Despite the persistent myth (around 47% of Britons still believe it exists, per the National Centre for Social Research), there is no length of cohabitation that confers spousal status in England, Wales or Northern Ireland. Scotland recognised a limited form of cohabitation rights in the Family Law (Scotland) Act 2006 — but even those rights are narrower than marriage.

The Inheritance Act 1975 — a partial fallback

A cohabiting partner who lived with the deceased "as husband or wife" (or "as civil partners") for at least two continuous years up to the date of death can apply for reasonable financial provision from the estate. The court has wide discretion, considers many factors, and may award maintenance, a lump sum, property transfer, or settlement of property. Important: claims must be made within 6 months of the grant of probate.

The most common scenarios we see: a 30-year cohabiting partner discovers they cannot stay in the home because the deceased's adult children from a previous marriage inherit the property. A 15-year partner finds the life insurance proceeds go to the deceased's parents because no nomination was on file. A surviving partner of a small business owner discovers they cannot pay the £200,000 IHT bill on the inherited share without selling the business itself. All preventable with a £69 will plus a 5-minute nomination form.

How to close the gap — in order of priority

Write a will naming your partner as primary beneficiary. This single step overrides intestacy entirely.
Check how your home is held — joint tenants vs tenants in common. The HM Land Registry record tells you.
Make a pension nomination with every scheme you contribute to. Most schemes let you nominate any beneficiary.
Write life insurance in trust for your partner. The insurer provides the trust form for free.
Consider a cohabitation agreement if you've made unequal contributions to property or assets.
Review every 3-5 years or after any major change (new home, new child, new job, new pension).

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Frequently asked questions

Is there such a thing as common law marriage in the UK?: No. Common law marriage has not existed in England, Wales or Northern Ireland for over 250 years. No matter how long an unmarried couple have lived together — five years, fifty years, with or without children — they are legally strangers to each other for inheritance purposes.
What does a surviving unmarried partner inherit under intestacy?: Nothing. Under the Administration of Estates Act 1925, the estate passes to the deceased's children, parents or siblings in priority order. The surviving partner can only inherit if explicitly named in a valid will or via a claim under the Inheritance Act 1975.
Can an unmarried partner claim part of the estate?: They can apply to the court under the Inheritance Act 1975 if they were a dependant or had lived with the deceased as a partner for at least the two years immediately before death. Claims are discretionary, contested, and typically cost £15,000-£50,000+ in legal fees.
What about jointly owned property?: Property held as joint tenants passes automatically to the surviving co-owner regardless of intestacy. Property held as tenants in common does not — the deceased's share falls into the estate and passes by will or intestacy. Unmarried partners should confirm in writing how they hold their home.
What pension rights does an unmarried partner have?: It depends on the scheme. Many defined contribution pensions let the member nominate any beneficiary — but the nomination must be on file. Defined benefit schemes vary: some pay a spouse-only pension; others extend to nominated cohabitants. State Pension Bereavement Support is not paid to unmarried partners.
What about life insurance?: Life insurance proceeds pass to the nominated beneficiary, regardless of marriage. Putting a policy in trust keeps it outside the estate and ensures it pays to the nominated partner directly. Without a written nomination, proceeds fall into the estate and follow intestacy rules.
Does the surviving partner have any tenancy rights?: Yes, in limited circumstances. Under the Rent Act 1977 and the Housing Act 1988, a cohabiting partner can sometimes succeed to a tenancy on death — but the rules are narrow, vary by tenancy type, and are not automatic. For owner-occupiers, no equivalent right exists.
How can an unmarried couple protect each other legally?: Write a will naming each partner as primary beneficiary. Hold property as joint tenants (or with a declaration of trust). Make pension and life insurance nominations. Consider a cohabitation agreement. The single most important step is a valid will — without one, the law treats unmarried partners as strangers.

Related guides

Sources & references
Administration of Estates Act 1925 · legislation.gov.uk
Inheritance (Provision for Family and Dependants) Act 1975 · legislation.gov.uk
Rent Act 1977 — tenancy succession · legislation.gov.uk
Housing Act 1988 — succession to assured tenancies · legislation.gov.uk
HMRC — Inheritance Tax spousal exemption · gov.uk/inheritance-tax/passing-on-home
National Centre for Social Research — British Social Attitudes (myth of common law marriage) · natcen.ac.uk
Office for National Statistics — Families and households (cohabiting couple figures) · ons.gov.uk
Last reviewed: 31 May 2026 by SL. Educational guide only — not legal advice.