Unmarried couples: protecting each other with wills, property and pensions
Couples who live together without marrying have far fewer automatic rights than many assume. There is no common law marriage in England and Wales, so the protection has to be put in place deliberately.
By Robert Festenstein, Head of Legal
Updated 26 October 2026
4 min read
Key takeaways
- An unmarried partner inherits nothing under the intestacy rules, however long the relationship.
- How you own your home, as joint tenants or tenants in common, decides what happens to it on a death.
- There is no inheritance tax exemption between unmarried partners, and unused nil-rate bands cannot be transferred.
- Pension nominations, wills and lasting powers of attorney are the main ways to protect each other.
There is no common law marriage
Living together for many years, or having children together, does not give a couple the rights of a married couple or civil partners. The government consulted in 2026 on new rights for cohabiting couples, but the law has not changed. If the relationship ends, there is no general right to share in the other partner's property or pension. If one partner dies, the survivor has no automatic right to inherit.
How you own your home
- Joint tenants own the whole property together. When one dies, it passes automatically to the survivor, whatever the will says.
- Tenants in common each own a share, which can be equal or unequal. Each share passes under the owner's will, or under the intestacy rules if there is no will.
A declaration of trust records how much each of you put in and what share each owns, which matters if one partner contributed more to the deposit. If the home is in one partner's sole name, the other may have no claim to it without a declaration or a court case. Our conveyancing guide covers the choice when buying.
Talk to us about your position
Book a no-obligation consultation with the Totus One team.
Wills and intestacy
Without a will, an unmarried partner receives nothing under the intestacy rules. The estate passes to children, or if there are none, to parents, brothers and sisters. The surviving partner can claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they lived together as a couple for the whole of the two years before the death, or if the deceased was maintaining them. A partner may also be able to claim a share of the home they contributed to. Such claims are uncertain, slow and expensive.
Each partner should make a will. Where there are children from earlier relationships, a life interest trust can let the survivor stay in the home while protecting the children's inheritance.
Inheritance tax
Gifts and legacies between unmarried partners do not qualify for the spouse exemption. Anything above the deceased's available nil-rate band is taxed at 40%, and unused nil-rate bands cannot be passed to the survivor. The residence nil-rate band is only available where the home goes to children or grandchildren, not to a partner. Life cover written in trust is often used to provide the survivor with the money to pay the tax. See inheritance tax.
Pensions, attorneys and next of kin
- Pensions. Complete an expression of wish form for each pension naming your partner. Check whether a defined benefit scheme pays a survivor's pension to an unmarried partner, and on what conditions. For deaths on or after 6 April 2027, unused pension funds left to an unmarried partner count towards the estate for inheritance tax, with no spouse exemption.
- Lasting powers of attorney. A partner has no legal authority over your finances or medical treatment without one. See lasting powers of attorney.
- Cohabitation agreement. Records what you have agreed about property, money and children if you separate.
We prepare wills, declarations of trust and LPAs for couples, with our accountants and planners checking the inheritance tax and pension position.
Frequently asked questions
Does my partner inherit if we are not married?
Not under the intestacy rules. An unmarried partner only inherits if there is a will in their favour, joint property passing by survivorship, or a successful court claim.
Is there an inheritance tax exemption for unmarried partners?
No. The spouse and civil partner exemption does not apply, so anything above the nil-rate band is taxed at 40%.
What is the difference between joint tenants and tenants in common?
Joint tenants' property passes automatically to the survivor. Tenants in common each own a share that passes under their will.
Can I claim against my partner's estate?
If you lived together as a couple for the whole of the two years before the death, or your partner was maintaining you, you can claim under the Inheritance Act 1975. The outcome is uncertain.
Sources & further reading
This article is general information, not advice. Tax, financial and legal rules change and their effect depends on your circumstances. Check the current position and take professional advice before acting. Last reviewed 26 October 2026. Totus One Limited (company no. 16855798).
A solicitor who has led his own SRA-regulated practice for over two decades, specialising in disputes and insolvency.
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