Many people believe that if they live with their partner for long enough, the law will treat them like a married couple. This is often referred to as being “common law husband and wife”.

In England and Wales, this is not the case and when it comes to Wills and inheritance, it can have very serious consequences.

The simple truth is: there is no such thing as a ‘common law partner’ in UK inheritance law. If you are not married or in a civil partnership, the law does not automatically protect your partner when you die.

Living Together Does Not Create Inheritance Rights

No matter how long you’ve lived together, who paid the mortgage, whether you raised children or built a life together, an unmarried partner has no automatic right to inherit anything if you die without a will.

This includes situations where:

• Your partner contributed to the mortgage

• Your partner paid household bills for years

• You verbally told them “the house will be yours”

• Friends and family all believed your wishes were clear

Without a valid Will, none of this matters legally.

Under the intestacy rules in England and Wales, only spouses, civil partners and certain blood relatives can inherit automatically. An unmarried partner is not included.

“But We Live in the Same House…”

This is where many people are most shocked.

If only one partner owns the home, which is very common in:

• Newer relationships

• Second relationships

• Blended families

• Situations where one person bought the property before the relationship

…the surviving partner has no automatic right to inherit the property or even remain living there.

When the homeowner dies without a will:

• The property forms part of their estate

• It may pass to children, parents or siblings

• The surviving partner can be left with no legal entitlement at all

Even if the surviving partner has lived in the property for years and contributed financially, that alone does not guarantee inheritance.

Go to court, Just to Stay in Your Home?

In many cases, the only way an unmarried partner can seek protection is by making a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

This is not an automatic right. It means:

• Making a formal legal claim against the estate

• Incurring legal costs

• Facing delays, uncertainty and emotional stress

• Potential disputes with family members

And even then, the outcome is not guaranteed. The court decides what (if anything) is “reasonable financial provision”.

For many people, this comes as a shock, especially when the intention was always to protect their partner.

The Simple Solution: Make a Will

All of this uncertainty can be avoided with a properly written will.

A will allows you to:

• Leave your estate to your partner, regardless of marital status

• Protect your partner’s right to remain in the home

• Make clear provision for children or step‑children

• Prevent disputes and avoid unnecessary legal action

• Ensure your wishes are followed exactly

For unmarried couples, a Will isn’t just important, it’s essential. And will prevent a great deal of stress, uncertainty and expense.

Clear Advice for Couples in Macclesfield & Cheshire

At Moneybox Wills & Trusts, we regularly help unmarried couples who are unaware of how exposed they are without a will. Our role is to make the legal position clear so you can make informed decisions. Your Will does not need to be complicated or expensive. It just needs to be right.

If you have been putting this off, now is the right time to take the first step.

Call Moneybox Wills and Trusts on 01625 573521 today.

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