Cohabitation Consultation – What this means for you
Do cohabiting couples have the same legal protections as married couples?
Many cohabiting couples assume they have the same legal protections as those who are legally married. However, the law does not currently work that way. There is no such thing as a “common law marriage” and unmarried or cohabiting partners do not have automatic rights bestowed on them if one of them dies without a Will. This can leave the surviving partner in a vulnerable position, particularly when it comes to the family home, shared assets and financial security.
What happens if a cohabiting partner dies without a Will?
If someone dies without leaving a legally valid Will, they are known as having died intestate.
When this happens, their estate is distributed strictly under the intestacy rules. This is where problems can arise for unmarried partners because the intestacy rules do not recognise cohabiting partners.
This means that even if you:
- shared a home together;
- raised children together;
- were financially dependent on each other;
you may be unable to inherit anything automatically.
The only way currently to protect one another is through a properly drafted Will.
Can a surviving cohabiting partner automatically inherit the home?
No. A surviving cohabiting partner does not automatically inherit their partner’s share of property if there is no Will.
For example, if the home was owned solely by the deceased, or if the couple owned the property as tenants in common rather than joint tenants, the surviving partner may have no automatic right to remain living there. The property could pass to the deceased’s children, parents or siblings who may choose to sell it.
Can other assets pass to someone other than the surviving partner?
Yes. The issue is not limited to property.
Without a valid Will, personal possessions, savings and sentimental items can legally bypass the surviving partner and pass directly to the deceased’s legally recognised family. This can create significant emotional and financial difficulties for someone who may have spent many years building a life with their partner.
Can a cohabiting partner make a claim if they are left without provision?
A surviving cohabiting partner can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, this involves a court process that can be stressful, expensive, lengthy and uncertain. It is not a safety net anyone should rely on when planning for the future.
Is the law changing to give cohabiting couples more protection?
Justice Minister Baroness Levitt KC has highlighted this issue in relation to providing further protections for cohabiting couples, saying:
“Financial independence should be afforded to everybody – not just those who choose to marry or enter into a civil partnership.”
This reflects growing recognition that the law does not always reflect modern living, with fewer marriages and more long-term cohabiting relationships. There have been discussions and reviews about potential reform to give unmarried partners clearer rights. However, as things stand nothing has changed.
How can cohabiting couples protect each other?
Until reform becomes reality, a Will remains the only reliable way to protect a partner.
A properly drafted Will can help ensure that your wishes are followed and that your partner is provided for, rather than leaving important decisions to the intestacy rules.
At Rogers & Norton, our experienced Private Client solicitors offer professionally drafted wills tailored to your individual circumstances. We take the time to:
- Understand your wishes and family situation.
- Clearly explain the implications of executors and inheritance tax.
- Provide advice on safeguarding your assets and your loved ones.
- Ensure your will is legally valid and stored securely.
Contact Us
Completing our online Will questionnaire provides us with the basic information needed to prepare your Will and saves time at any meeting we have, when any outstanding issues or questions can be discussed. The form is completely confidential.
The online questionnaire may not be appropriate for everyone; if you wish to discuss your Will in person then please contact our team on 01603 666001 or email enquiries@rogers-norton.co.uk.
For more information on our legal services or to arrange an appointment with a member of our Private Client team, contact us at 01603 666001, email enquiries@rogers-norton.co.uk or complete the ‘Request a Consultation’ enquiry form on our website.
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.