The full picture for unmarried couples — intestacy, the home (joint tenants vs tenants in common), TOLATA claims, Inheritance Act 1975, IHT without the spousal exemption, pensions, and how to protect yourself now.
This guide is part of ProbateHelp's Wills & Planning guide cluster. Estimated reading time: 16 min.
No. There is no such thing as a common law spouse in England and Wales. If you are not married or in a civil partnership, you have no automatic right to inherit under the intestacy rules, no matter how long you lived together. You may be able to bring an Inheritance Act claim if you qualify, but that is a court claim and must normally be started within six months of the grant of probate or letters of administration.
There is no length of time that gives an unmarried partner automatic inheritance rights in England and Wales. The 'common law marriage' concept does not exist in English law. However, to bring an Inheritance Act claim, you must have lived together as a couple in the same household for at least two years immediately before the death.
If the property was solely in your partner's name and they did not leave it to you in a will, you have no automatic right to remain. The executor or administrator of the estate could ultimately seek possession. However, you may be able to bring an Inheritance Act claim for the right to remain, or argue a beneficial interest under TOLATA if you contributed to the purchase price or mortgage. You should get legal advice urgently — do not wait.
Joint tenants own the property together as a whole — if one dies, the other automatically inherits the deceased's share by survivorship, regardless of any will or intestacy rules. Tenants in common each own a defined share (often 50/50, but not always). If a tenant in common dies, their share passes under their will or the intestacy rules — it does not automatically go to the surviving co-owner.
Yes, if the value of what you inherit exceeds the nil-rate band (£325,000 in 2025/26). Unlike married couples and civil partners, unmarried partners receive no spousal IHT exemption. Assets left to you are subject to 40% IHT on the amount above £325,000. You also cannot inherit your partner's unused nil-rate band.
It depends on the type of pension and the nomination form. Most defined-contribution (DC) pensions allow the scheme trustees to pay a death benefit to any nominated person, including an unmarried partner — but only if your partner completed a nomination form naming you. Without a nomination, the trustees use their discretion and may pay to the estate or next of kin. Defined-benefit (DB) pensions often have stricter rules and may only pay a dependant's pension to a financial dependant. Check the scheme rules and contact the pension provider.
TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. If you contributed to the purchase price of a property, paid the mortgage, or made significant improvements, you may be able to argue that you have a beneficial interest in the property — even if your name is not on the title. A TOLATA claim asks the court to recognise that interest and order a sale or transfer. These claims are complex and expensive, and the outcome is not guaranteed.
To bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 as a cohabitee, you must have lived with the deceased as their partner in the same household for at least two years immediately before the date of death. 'Immediately before' is strictly interpreted — a separation in the final two years, even a brief one, can defeat the claim. The claim must be issued within six months of the grant of probate or letters of administration.