A compassionate and practical guide for cohabiting partners — covering your legal rights, who inherits, inheritance tax without the spousal exemption, your home, and Inheritance Act claims.
This guide is part of ProbateHelp's First Steps guide cluster. Estimated reading time: 14 min.
No. Under the intestacy rules in England and Wales, unmarried partners have no automatic right to inherit — regardless of how long you lived together. If your partner died without a will, their estate passes to their children, then parents, then siblings. You receive nothing unless you were jointly named on assets or are named in a will.
There is no such thing as a 'common law marriage' in England and Wales. No matter how long you have lived together, cohabitation does not give you the same legal rights as a married couple or civil partners. This misconception is extremely widespread and causes real financial hardship when a partner dies.
Possibly. If you lived together as a couple in the same household for at least two years immediately before the death, you may be able to make a claim for 'reasonable financial provision' under the Inheritance (Provision for Family and Dependants) Act 1975. You must apply to the court within six months of the grant of probate or letters of administration. Claims can be complex and emotionally draining — getting legal advice early is important.
It depends on how you own it. If you are joint tenants, your partner's share passes to you automatically by survivorship — it does not go through the estate. You register the death with the Land Registry using form DJP. If you are tenants in common, your partner's share passes under their will or the intestacy rules, and may go to their children or family rather than you.
Yes, if the estate is above the available inheritance tax threshold. Unlike spouses and civil partners, unmarried partners do not get the spouse or civil partner exemption and cannot transfer an unused nil-rate band. The standard nil-rate band is £325,000 and IHT is normally charged at 40% on the part of the estate above the available threshold.
If your partner died without a will, their children inherit the entire estate under the intestacy rules — you receive nothing. Even if your partner had a will leaving everything to you, their children may be able to challenge it under the Inheritance Act 1975. This is one of the most complex and emotionally painful situations in estate administration, and legal advice is strongly recommended.
Not automatically. If the property was solely in your partner's name, you have no legal right to remain unless you are named in the will, the estate is administered in your favour, or you successfully bring an Inheritance Act claim. You may also be able to argue a beneficial interest in the property if you contributed to the purchase price or mortgage — but this requires legal proceedings.
If you are not the executor or administrator of the estate, you may struggle to access funds immediately. Some banks will release money directly to the funeral director on production of the death certificate and invoice, without requiring probate. If your partner had a joint account with you, you can usually keep using it after the bank updates its records. Funeral Expenses Payment may help if you are arranging the funeral and receive a qualifying benefit.