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.
Frequently asked questions
Does a common law spouse inherit automatically?
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 as a qualifying cohabitant or dependant, but that is a court claim and must normally be started within six months of the first grant of representation. The court can permit a later claim.
How long do you have to live together to have cohabitation rights?
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. For the cohabitant route under the Inheritance Act, you must satisfy the whole-two-year household test immediately before death. A separate route may apply if the deceased was maintaining you wholly or partly immediately before death. The Act applies where they died domiciled in England and Wales.
Can I be evicted from our home if my partner dies and the property was in their name?
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 inherit or occupy it merely because you were partners. The personal representatives may ultimately seek possession, but an existing tenancy, licence, beneficial interest or successful Inheritance Act claim can affect the position. Get legal advice promptly.
What is the difference between joint tenants and tenants in common?
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.
Do I have to pay inheritance tax on what I inherit from my unmarried partner?
An unmarried partner does not receive the spouse or civil-partner exemption, and unused nil-rate bands cannot be transferred between unmarried partners. Inheritance Tax is calculated on the deceased's estate and relevant lifetime transfers, after the available bands, exemptions and reliefs; it is not a separate tax on each individual gift you receive. Check the estate's full calculation rather than applying 40% to your inheritance alone.
Can I claim my partner's pension if we were not married?
It depends on the scheme rules and the type of benefit. A nomination can guide a trustee or provider but is not always a prerequisite or binding. Some schemes can pay an unmarried partner or dependant without one; others restrict survivor benefits. Ask the provider what evidence and eligibility rules apply. Separate inheritance-tax rules for unused pension funds and death benefits are due to apply to deaths from 6 April 2027, so check the current tax treatment too.
What is a TOLATA claim?
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.
What is the two-year rule for Inheritance Act claims?
The cohabitant route normally requires living with the deceased as a couple in the same household throughout the two years immediately before death. Whether an absence means the same-household test ceased is fact-sensitive, so a brief separation is not an automatic answer. A person maintained by the deceased may also have a separate dependant route. A claim must normally be issued within six months of the first grant of representation, although the court can permit a later claim.