More people in the UK now choose to live together without marrying. The number of such households has risen sharply in recent decades. That shift brings practical risks when a partner dies suddenly.
Owning a home together does not always mean the surviving partner can stay. Common assumptions — “we’re basically married” — can leave someone exposed. We will explain, in plain English, what can go wrong and how to spot those risks.
We will also introduce clear steps: making a will, checking how the title to your property is held, and sensible tax checks. If you want deeper detail on rights and entitlements, see our guide on estate planning for cohabiting couples with property.
We write this to help you act quickly and protect family life.
Key Takeaways
- Owning a home together doesn’t guarantee a surviving partner’s security.
- Simple documents can reduce stress after a sudden death.
- Check how your title is held and update your will if needed.
- Tax checks can prevent an unexpected bill.
- Seek clear advice so you can protect children and the home.
Why cohabiting couples in the UK need a different plan to married couples
Many couples now share a home without legal ties, and that changes what happens if one partner dies. We want to clear up common misunderstandings and show the real risk.
The “common-law partner” myth and limited legal recognition
There is no automatic status called a “common-law partner” in UK law. People often assume long-standing relationships give the same protection as marriage or a civil partnership. They do not.
What intestacy rules mean for an unmarried surviving partner
If someone dies without a will, intestacy rules favour spouses, civil partners and close relatives. An unmarried person can be left with nothing unless they apply to court.
To succeed, a surviving partner usually must show at least two years of cohabitation and financial dependence or support. That process is stressful and can take time.
How cohabitation trends increase the risk of getting this wrong
With more people choosing informal relationships, more households face frozen bank accounts, disputes over the home and added pressure for children and family.
| Situation | Married / Civil partner | Unmarried couples |
|---|---|---|
| Automatic inheritance | Yes | No (must apply to court) |
| Bank access after death | Usually quick | Often delayed or blocked |
| Need to prove claim | No | Typically two years plus financial support |
We will guide you through clear steps next. If you want background detail for unmarried couples, see our unmarried couples’ guide.
How to protect your home when you live together but aren’t married
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How title is held can change who keeps the house after someone dies. We start by checking ownership and then set clear next steps you can act on today.
Joint tenants vs tenants in common
Joint tenants usually means survivorship: the other partner inherits automatically on death. Tenants in common let each owner leave their share under a will.
When one partner is the sole owner
If one person owns the title, the surviving partner may have no automatic right to stay. Claims can arise if the cohabiting partner can show contributions — deposit, mortgage payments or major works.
Using a cohabitation agreement
A cohabitation agreement sets out your financial arrangements and who gets what. It reduces family disputes and makes intentions clear.
Blended families and next actions
When each partner has children, we recommend a plan that protects the survivor and the children. Check the Land Registry, list who paid what, and agree the split of any share. These steps cut risk and stress for family after a death.
estate planning for cohabiting couples with property uk
A clear will is the single most effective way to protect a partner who isn’t legally married to you.
Write (or update) wills so your partner inherits what you intend
Make a short checklist and act now. Name your partner, list assets and state any gifts. Say who looks after children and set out funeral wishes.
Build in occupation security for the surviving partner
Use lifetime rights or a tenancy clause so a survivor can stay in the home. That keeps family life steady while other inheritance plans run their course.
Use trusts carefully to balance partner provision and children’s inheritance
Trusts can protect assets and control timing. But they can tie money up and add cost. Use them only when they meet family needs long term.
Choose executors and keep documents accessible for an unexpected event
Pick executors who can manage paperwork and family dynamics. Store wills, title deeds, life policy details and account access instructions in one known place.
We recommend professional advice from a solicitor. Good legal help turns intentions into documents that work when tested, saving time, worry and family conflict.
Inheritance tax, nil rate band and residence nil rate band pitfalls for unmarried partners
Tax rules can turn a heartfelt gift into an unexpected bill if you don’t check how allowances work. We explain the key numbers and where couples often slip up.
Understand the basic numbers
The nil rate band is £325,000. Inheritance tax is charged at 40% on the value above that level. That makes small planning slips costly for an unmarried household.
Why transfers don’t help most unmarried couples
Spouses and civil partners can transfer unused allowances after death. Cohabiting partners cannot. That rule means a surviving partner often faces a higher tax bill.
Residence nil rate band and children
The residence nil rate band applies when a home passes to your children or grandchildren. If the home doesn’t pass in the required way on first death, the first person’s RNRB can be lost.
- Check how the home will pass — tenancy or trust affects RNRB entitlement.
- Consider a nil rate band trust to avoid the same value being taxed twice on first and second death.
- Act early: trustees and executors need clear documents and timing to claim reliefs.
Tax and financial planning moves that can safeguard shared assets
Small tax choices now shape how assets pass after a death. We set out the key moves that protect your share and your household’s financial future.
Capital gains on transfers
Transfers between unmarried partners can trigger a capital gains tax disposal. Unlike spouses, you do not get a no loss/no gain rollover.
Action: plan timing, use allowances and get advice before changing ownership.
Rental income splits and HMRC
For rental income, HMRC generally accepts declared profit splits if they reflect the real agreement. Keep written records and update tenancy agreements.
Business interests and two‑year clock
Business Relief can shelter qualifying business interests, but the surviving partner often needs an extra two years’ ownership to benefit. Trusts can sometimes bridge this gap.
Second homes and main residence choices
Where you use two homes, main residence elections may create planning opportunities not usually available to married people.
Life cover to meet tax bills
Life insurance can provide the cash to pay an inheritance tax bill at first death so the survivor need not sell a share. We recommend discussing wording and ownership with a solicitor and insurer.
For practical guidance on legal rights and next steps, see our helpful guide on cohabiting couples’ legal rights.
Conclusion
The law treats unmarried partners differently, so it pays to act rather than assume. We urge every couple to make clear, written choices now.
Key steps: confirm how the home is owned, write or update wills, and agree practical arrangements that protect your partner and family.
Protecting the home matters. It is often your biggest asset and the emotional centre for the surviving partner and children.
Take a two‑track approach: secure day‑to‑day rights for the survivor while preserving inheritance plans for children and wider family. Tax differences can be costly, so get tailored advice.
Book a will review, gather documents and talk openly as a couple. For further guidance see our unmarried couples’ guide and speak to a solicitor or financial adviser.