Unmarried Partners’ Rights After Death in the UK – What Happens If a Cohabiting Partner Dies?

Cohabiting with a partner without getting married is increasingly common — but what happens if one partner passes away? Many people are shocked to discover that, under UK law, unmarried partners have no automatic legal rights when their partner dies.

This guide outlines what cohabiting couples need to know, the risks involved, and how to legally protect each other.

Do Unmarried Partners Have Rights After Death in the UK?

The short answer: no, not automatically.

If you’re unmarried and your partner dies, you are not entitled to any part of their estate — even if you lived together for decades, had children together, or shared financial responsibilities. This applies across England and Wales and often comes as a shock to surviving partners.

Under UK law, the term “common law marriage” has no legal standing. Your rights are not the same as a spouse or civil partner unless specific legal arrangements have been made.

🔗 Read more: Legal Rights for Cohabiting Couples

What Happens If a Cohabiting Partner Dies Without a Will?

If your partner dies without leaving a valid Will, their estate is distributed according to intestacy rules. These rules do not recognise unmarried partners.

Instead, their assets typically go to their:

• Children (if any)

• Parents

• Siblings

This means a surviving cohabiting partner may receive nothing — regardless of the relationship’s length or seriousness.

Can a Surviving Partner Stay in the Home?

If you’re not legally married or listed as an owner or tenant, your right to remain in your shared home depends on the property’s legal status:

• Joint tenants: You may automatically inherit the property

• Tenants in common: The deceased’s share passes to their estate, not you

• Sole ownership (their name only): You may have no legal right to stay, unless provided for in a Will

Legal advice is often essential to avoid eviction or disputes with surviving family members.

Are Unmarried Partners Entitled to Inherit Anything?

In the absence of a Will or named nominations, unmarried partners do not inherit by default.

This includes:

• Savings and property

• Personal belongings

• Business interests

The only way to ensure inheritance is to be explicitly included in a Will or nominated on financial policies such as pensions or life insurance.

Can You Claim Against Your Partner’s Estate?

In certain cases, a surviving cohabiting partner may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, if they were:

• Financially dependent on the deceased, or

• Lived together for 2+ years before death

However, this process can be:

• Legally complex

• Expensive and time-consuming

• Emotionally draining

It’s always better to prepare before tragedy strikes.

🔗 Explore our Wills, Trusts and Probate Services

Are Unmarried Partners Next of Kin in the UK?

“Next of kin” is not a legally recognised status in the UK.

Without a marriage or civil partnership, you may have no legal say in:

• Medical decisions

• Funeral arrangements

• Accessing personal belongings or information

To safeguard your rights, consider making Lasting Powers of Attorney (LPAs) for both health and finances.

Do Unmarried Partners Get Pensions or Death Benefits?

The answer depends on whether:

• Your partner nominated you as a beneficiary

• The pension scheme allows payments to unmarried partners

• Your name is on the life insurance policy

Even if you shared your life and finances, you may receive nothing unless formal steps were taken.

It’s important to regularly check and update beneficiary nominations on all relevant accounts and policies.

How to Protect Yourself Legally as an Unmarried Partner

If you’re cohabiting, here’s how you can legally protect your partner (and yourself):

1. Make a Will: Ensure your partner inherits what you intend

2. Nominate beneficiaries: Update pensions, life insurance, and death-in-service benefits

3. Sign a Cohabitation Agreement: Define financial and living arrangements

4. Use a Declaration of Trust: For jointly owned property

5. Create LPAs: Give your partner decision-making powers in case of incapacity

🔗 Learn more about the probate process

🔗 Protect your home and finances with a Cohabitation Agreement

✅ Conclusion

If your cohabiting partner dies, UK law offers no automatic protection — regardless of how committed or long-term your relationship was. Without a Will or legal arrangements, you could lose your home, inheritance, or the ability to make critical decisions.

Taking the time to create a Will, nominate beneficiaries, and get legal advice can give you and your partner real peace of mind.