Cohabiting Partners and Death: The Rights You May Not Have

Cohabiting Partners and Death: The Rights You May Not Have

There are over 3.6 million cohabiting couple families in the UK. Many assume that after years of living together, sharing a home, raising children, and building a life, they have the same legal protections as married couples. They do not.

The term "common law marriage" is widely used but has no legal standing in England, Wales, or Northern Ireland. When an unmarried partner dies, the surviving partner can find themselves in a shockingly vulnerable position, sometimes losing their home, their income, and their right to any say in funeral arrangements, all while grieving.

This article explains what rights cohabiting partners actually have, where the law falls short, and what you can do now to protect yourself and the person you love.

What Happens If Your Partner Dies Without a Will

If your partner dies without a valid will (known as dying "intestate"), the rules of intestacy dictate who inherits. In England and Wales, those rules are strict:

• The estate goes first to a surviving married spouse or civil partner
• Then to children
• Then to parents, then siblings, then more distant relatives
• An unmarried partner is not mentioned anywhere in the intestacy rules

This means that if your partner of 20 years dies without a will, you could inherit absolutely nothing. Their estate would pass to their children, parents, or even distant relatives you have never met, before it would come to you.

This is not a hypothetical edge case. It happens regularly, and it can be devastating.

Your Home: The Most Urgent Risk

The biggest immediate danger for a surviving cohabiting partner is often the family home:

If the property was jointly owned as "joint tenants": the property automatically passes to the surviving owner by right of survivorship. This is the one scenario where cohabiting partners are protected. Check your title deeds or Land Registry records to confirm how your property is held.

If the property was jointly owned as "tenants in common": the deceased's share forms part of their estate and is distributed according to their will (or intestacy rules). You could be forced to sell the home to give other beneficiaries their share.

If the property was in your partner's sole name: you have no automatic right to remain in the home. The new owners (whether through the will or intestacy) could ask you to leave.

If you rented together: your rights depend on whether you were a joint tenant on the tenancy agreement. If only your partner was named on the lease, you may be able to succeed to the tenancy in some circumstances, but this is not guaranteed for private rentals.

Bereavement Support Payment: A Known Injustice

Bereavement Support Payment (BSP) is a government benefit worth up to £3,500 as a lump sum plus up to £350 per month for 18 months. It is available to surviving spouses and civil partners only.

Cohabiting partners are excluded entirely, even if they have children together.

The UK Supreme Court ruled in 2018 that this exclusion was discriminatory, particularly in cases involving children. Despite this, the law has not been changed. As of 2026, cohabiting partners still cannot claim BSP.

This is one of the most widely criticised gaps in UK bereavement provision.

Pensions and Life Insurance

State pension. A surviving cohabiting partner cannot inherit any of their partner's state pension entitlement. Married spouses and civil partners can.

Workplace pensions. Many defined contribution pension schemes allow the member to nominate a beneficiary, which can include an unmarried partner. However, defined benefit (final salary) schemes often restrict survivor benefits to legal spouses and civil partners. Check your partner's pension documentation carefully.

Life insurance. If your partner had a life insurance policy, payout depends on who was named as the beneficiary. If they named you, the payout should come to you regardless of marital status. If no beneficiary was named, the payout goes into the estate and follows the will or intestacy rules.

Funeral Arrangements

In law, the executor of the will (or the person who applies for letters of administration) has the right to decide funeral arrangements. If your partner's family member is the executor or administrator, they could make decisions about the funeral that go against your wishes or your partner's wishes, and you may have no legal standing to challenge them.

This can be deeply painful, particularly if your relationship with your partner's family was strained.

What You Can Do to Protect Yourselves

The law may not recognise your relationship, but there are practical steps you can take right now:

1. Make a Will

This is the single most important thing an unmarried couple can do. A properly drafted will can leave your estate to your partner, name them as executor, and express your wishes for funeral arrangements. Each partner should make their own will.

You can use a solicitor (typically £150 to £300 for a straightforward will) or a reputable online service. Given the stakes, professional advice is strongly recommended.

2. Check How Your Property Is Owned

If you own property together, confirm whether it is held as joint tenants or tenants in common. If you want the property to pass automatically to the survivor, joint tenancy is the safer option. A solicitor can change the arrangement if needed.

3. Nominate Each Other on Pensions

Complete beneficiary nomination forms for any workplace or personal pensions. This ensures the pension provider knows your wishes.

4. Review Life Insurance Beneficiaries

Make sure any life insurance policies explicitly name your partner as the beneficiary.

5. Consider a Declaration of Trust

If one partner owns the home and the other has contributed financially but is not on the title deeds, a declaration of trust can formalise the non-owner's interest in the property.

6. Set Up Lasting Powers of Attorney

While not directly related to death, Lasting Powers of Attorney ensure your partner can make financial and health decisions on your behalf if you lose mental capacity. Without them, your partner may have no legal authority to act, even in an emergency.

The Push for Legal Reform

Campaigners have called for reform of cohabiting partners' rights for decades. The Law Commission recommended changes in 2007, but successive governments have not acted.

Some progress has been made in Scotland, where the Family Law (Scotland) Act 2006 gives cohabiting partners limited rights to claim from a deceased partner's estate, even without a will. England, Wales, and Northern Ireland offer no equivalent protection.

Organisations such as Resolution (the family law professionals' body) continue to campaign for change. But until the law shifts, the only reliable protection is planning ahead.

If You Have Already Lost an Unmarried Partner

If your partner has already died and you are facing difficulties:

• Seek legal advice quickly if you are at risk of losing your home. You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which allows cohabiting partners of two or more years to apply to the court for reasonable financial provision from the estate
• Contact Citizens Advice for guidance on your specific situation
• Reach out to bereavement charities like Cruse, WAY Foundation (if you are under 50), or the Good Grief Trust for emotional support

You deserve support, and you do not have to navigate this alone.

The Bottom Line

The gap between how the UK treats married and unmarried couples after a death is wide, well-documented, and slow to change. If you live with a partner without being married or in a civil partnership, the most loving thing you can do for each other is plan for the worst while hoping for the best.

A will, the right property ownership structure, and updated beneficiary nominations can be the difference between security and crisis for the person you leave behind.

Tools like GetPassage can help you understand and track the many tasks involved in estate administration. But the most powerful step is the one you take before it is needed: putting the right legal protections in place today.