Do You Cohabit? Your Key Questions Answered

More and more couples are choosing to live together without getting married. If you're one of them, you might be surprised to learn how little legal protection cohabitation provides - especially when it comes to inheritance.

What is the legal position for cohabiting couples?

Despite what many people believe, there is no such thing as "common law marriage" in England and Wales. No matter how long you've lived together, cohabiting couples don't have the same automatic rights as married couples or civil partners.

What happens if my partner dies without a will?

This is where it gets serious. Under the intestacy rules:

• If your partner dies without a will, you inherit absolutely nothing
• Their estate goes to their children, parents, siblings, or other blood relatives
• You could be left homeless if the property was in their sole name
• Even if you've been together for 30 years and raised children together

This is true regardless of how committed your relationship is or how financially intertwined your lives have become.

Can I make a claim on my partner's estate?

You might be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you can prove:

• You lived together as if you were married for at least two years before the death, OR
• You were being maintained by the deceased immediately before their death

However, making a claim is expensive, stressful, uncertain, and causes family conflict. It's far better to make a will.

What should cohabiting couples do?

Make wills

The single most important thing you can do. Both partners should make wills leaving their estate (or the relevant part of it) to each other. This ensures your partner is provided for.

Review property ownership

If you own property together, understand how you hold it:

• Joint tenants: The property automatically passes to the survivor when one of you dies (regardless of what the will says)
• Tenants in common: Each person's share passes according to their will

Consider what arrangement works best for your situation.

Nominate pension beneficiaries

Pension death benefits don't usually form part of your estate. Check who you've nominated and update the nomination if needed.

Consider life insurance

A life insurance policy written in trust can provide your partner with immediate funds after your death, without having to wait for probate.

Why don't we just get married?

Marriage isn't for everyone, and that's fine. But understand the financial implications of not marrying, and take steps to protect each other. A will is the minimum.