Does a common-law wife or husband have inheritance rights?

No. There is no such thing as common-law marriage in England and Wales, no matter how long the relationship. If your partner dies without a will, you inherit nothing under the intestacy rules — the estate goes to their children, parents, siblings, or ultimately the Crown.

We have lived together for 20 years and have children. Surely I would inherit?

No. The intestacy rules ignore cohabitation completely. Your partner’s estate would pass to your children (held in trust until they are 18) — not to you. You could be forced to make a court claim against your own children’s inheritance to keep your home. A will prevents all of this for £35.

We own our home together — does it automatically pass to me?

It depends on how you own it. As “joint tenants”, the home passes automatically to the survivor outside the will. As “tenants in common”, your partner’s share passes under their will — or, without a will, under the intestacy rules to their blood relatives. Check which you are; most couples should also make wills either way, because a home is never the whole estate.

Should unmarried couples use the same executor?

Usually, yes — most couples appoint each other as executor first, with a shared substitute (a trusted friend or relative) in case you both die together. Our mirror-will flow sets this up automatically and you can change any of it.

Wills for Unmarried Couples: Why "Common-Law Marriage" Is a Myth

Q: Can an unmarried partner claim against the estate?

Yes, in some cases. If you lived together as a couple for at least two years before the death, or were financially dependent, you can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975. But claims are expensive, slow, stressful and uncertain — and you will be litigating against your partner’s family. A will is cheaper and kinder to everyone.

Q: What is the simplest way for an unmarried couple to protect each other?

Mirror wills: two matching wills leaving everything to each other first, then to agreed ultimate beneficiaries. At SwiftWill they cost £55 for the pair, take about 15 minutes each, and include free updates for life.

Unmarried? Without a will, your partner inherits nothing

Quick answer

In England and Wales, “common-law marriage” does not exist. If you die without a will, your unmarried partner inherits nothing — regardless of how long you have lived together or whether you have children. Your estate passes to blood relatives or even the Crown. A will is the only way to protect your partner.

A couple sitting together on a sofa at home, reviewing paper documents together in natural light

The myth that costs people their homes

Most cohabiting couples believe that living together long enough creates some form of "common-law marriage" with inheritance rights. It does not — and never has — in England and Wales. Under the intestacy rules, a cohabiting partner is a legal stranger: the estate passes to children, then parents, then siblings, and ultimately to the Crown. See the government's own rules at gov.uk/inherits-someone-dies-without-will.

What this looks like in real life

Twenty years together, home in your partner's name. They die without a will. The house and everything else passes to their blood relatives. You inherit nothing — and may have to leave your home.
Children together, unmarried.The estate passes to the children, held in trust until they are 18 — not to you, the parent raising them. You could end up in court claiming against your own children's inheritance.
Both names on the house?Only the "joint tenants" form of co-ownership passes the home automatically (see below). Savings, possessions and everything else still follow the intestacy rules.

The court route: possible, but grim

If you lived together as a couple for at least two years before the death, or were financially dependent, you can apply to court for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975. Claims are expensive, slow, stressful and uncertain — and you will be litigating against your partner's family while grieving. A will is cheaper (£35) and kinder to everyone.

Own your home together? Check how

As joint tenants, the home passes automatically to the survivor, outside the will. As tenants in common, each of you owns a distinct share that passes under your will — or, without one, under the intestacy rules to blood relatives. Check your Land Registry title; most couples should make wills either way, because a home is never the whole estate.

The simple fix: mirror wills

Two matching wills, each leaving everything to the other first, then to agreed ultimate beneficiaries. At SwiftWill they cost £55 for the pair, take about 15 minutes each, and include free updates for life — see how mirror wills work. Around 54–60% of UK adults have no will at all; for unmarried couples, that is not a paperwork gap, it is the difference between your partner keeping their home and losing it.