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Unmarried Partners: What Happens After Death?

February 16, 2026

Unmarried Partners: What Happens After Death?

More couples than ever are choosing to live together withoutgetting married or entering a civil partnership. While that works well day today, many people don’t realise that unmarried partners have very limited legalrights if one partner dies.

Understanding what the law does and doesn’t provide can makea huge difference at a difficult time.

Is a Long-Term Partner Automatically Entitled to Anything?

In short: no.

In England and Wales, there is no such thing as a “commonlaw spouse.”

No matter how long you’ve lived together, if you are notmarried or in a civil partnership, you do not automatically inherit yourpartner’s estate.

Without a valid Will:

  • You won’t automatically receive their money,property, or possessions
  • You may not have the right to remain in thefamily home
  • You could be left financially vulnerable at atime of grief

What Happens If There Is No Will?

If someone dies intestate (without a Will), the law followsstrict rules.

Their estate will usually pass to:

  1. Their children
  2.  Their parents
  3. Their siblings

An unmarried partner is not included in this list.

This can mean a surviving partner has to rely on familygoodwill or face legal action just to stay in the home they shared.

What If the Property Is Owned Together?

This depends on how the property is owned:

  • Joint Tenants - The surviving partnerautomatically inherits the property.
  • Tenants in Common - The deceased’s share passesaccording to their Will or intestacy rules if there isn’t one.

Many couples are unsure which applies to them, andassumptions here can lead to serious consequences.

Can an Unmarried Partner Make a Claim?

Yes but it’s not automatic.

Under the Inheritance (Provision for Family and Dependants)Act 1975, a surviving partner may be able to make a claim if:

  • They lived with the deceased for at least twoyears, or
  • They were financially dependent on them

Claims can be stressful, time-consuming, and costlyespecially during bereavement.

How Can Unmarried Couples Protect Each Other?

The most effective steps include:

  • Making a Will - This is the single most importantstep to ensure your partner is protected.
  • Checking Property Ownership -Understanding whether you arejoint tenants or tenants in common is crucial.
  • Lasting Powers of Attorney (LPAs) - These ensure your partner canmake decisions if you become unable to.
  • Reviewing Pensions and Life Insurance - Beneficiary nominations don’talways update automatically.

 

Planning Now Avoids Problems Later

No one likes to think about these scenarios, but clearplanning avoids uncertainty, disputes, and financial strain later on.

Whether you’ve recently moved in together or have shared alife for decades, taking advice now gives both partners peace of mind.

How Lyons Bowe Can Help

At Lyons Bowe, we help unmarried couples:

  • Draft clear, legally sound Wills
  • Review property ownership
  • Put protection in place for the future

Our advice is practical, straightforward, and tailored toreal lives not assumptions.

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