You’ve built a life together. Maybe you share a mortgage, raise children, split the bills and have done for years. What you haven’t done is get married or enter a civil partnership, and for most couples, that feels like a formality rather than something with real consequences.
Legally, though, it changes almost everything about what happens when one of you dies. A partner who has been by your side for thirty years can end up with far less protection than a spouse of thirty days. It’s an uncomfortable thing to think about, but it’s also one of the easiest problems to fix while you both still can.
The “common law spouse” doesn’t exist
This is the single biggest misunderstanding we come across. In England and Wales, living together does not create a legal status. There is no point at which cohabiting quietly upgrades into something the law recognises.
That means if your partner dies without a will, you have no automatic right to inherit their money, their share of the house, or their possessions. You aren’t next of kin. You may not even be the person the bank, the hospital or the pension provider deals with. Surveys consistently find that a large chunk of cohabiting couples believe otherwise, which is exactly why so many people are caught out at the worst possible moment.
What happens if there’s no will
When someone dies without a valid will, they’re said to have died intestate. Their estate is then divided according to a fixed statutory order, and that order is set by law rather than by what the person would have wanted.
The estate passes to relatives in a set sequence — spouse or civil partner first, then children, then parents, then siblings, and outwards from there. An unmarried partner appears nowhere on that list. If your partner has children from a previous relationship, their share of the house could pass to those children, even if you’re still living in it. If they have no children, it may go to parents or siblings you barely know.
The people who inherit are often decent about it. But relying on goodwill during grief is not a plan, and it’s a position no one should be put in.
Your home may not be as safe as you think
How you own your property matters enormously, and plenty of couples genuinely don’t know which arrangement they have.
If you own as joint tenants, the property passes automatically to the survivor when one of you dies, regardless of what any will says. If you own as tenants in common, each of you owns a distinct share, and that share passes under the deceased’s will — or under the intestacy rules if there isn’t one. Tenants in common is common where one partner contributed more to the deposit, or where there are children from an earlier relationship to consider.
And if the property is in your partner’s sole name, your position is weaker still. You may have contributed to the mortgage or the renovations, but establishing a legal interest after the fact usually means a costly, drawn-out claim.
Making a claim is possible — but it’s a last resort
There is a route for surviving partners who are left with nothing. Under the Inheritance (Provision for Family and Dependants) Act 1975, someone who lived with the deceased as a couple for at least two years before the death, or who was financially maintained by them, can ask the court to award reasonable financial provision from the estate.
It’s a genuine safety net, but a slow and expensive one. Claims are usually brought within six months of the grant of probate; they often pit you against your partner’s own family, and the outcome is never guaranteed. Very few people want to spend the year after a bereavement in litigation.
Four steps that prevent all of this
Protecting each other is far simpler than untangling the aftermath:
- Make a will. It’s the one document that overrides the intestacy rules and says clearly who should inherit what.
- Check how you own your home. Your title deeds will tell you whether you’re joint tenants or tenants in common, and you can change it if the current arrangement doesn’t suit you.
- Update your pension and life insurance nominations. These often sit outside the estate entirely and are frequently still pointing at an ex-partner or a parent.
- Consider lasting powers of attorney. Death isn’t the only scenario worth planning for — without an LPA, your partner has no automatic authority to make decisions if you become unwell.
How Dudden Law Can Help
Our wills and probate team works with unmarried couples across Cardiff and South Wales who want their partner properly protected. We’ll draft a will that reflects what you actually want, review how your property is held, advise on declarations of trust where contributions are uneven, and put lasting powers of attorney in place at the same time. If you’ve recently lost a partner and you’re unsure where you stand, we can talk you through your options — including whether a claim is worth pursuing.
We’re based at Roath Chambers on Albany Road, and we’re happy to work with clients in Welsh or English.
If you’re living with your partner and haven’t made a will, our team at Dudden Law is here to help. We offer a free first consultation so you can get clear, straightforward advice without any obligation.
Based in Cardiff and serving clients across South Wales and the UK, we’re ready to support you. Get in touch today — call us on 02921 320 150 or email info@duddenlaw.co.uk.
Insights from Carrieanne Greenway, Dudden Law Solicitors