For millions of couples in England and Wales, living together without marrying has become a normal part of family life. Yet many people are surprised to learn that there is no such thing as a "common law marriage". Under current law, unmarried couples have very limited legal rights if their relationship ends, and those protections are even weaker if their partner dies.

The Labour manifesto promised greater protections for cohabiting couples. The consultation for family law reforms to increase the rights of cohabiting couples proposes the biggest change to family law in decades. If implemented, the reforms could give surviving cohabiting partners important new rights when a loved one dies without leaving a will.

What happens if someone dies when cohabiting?

At present, if an unmarried person dies without a valid will, their partner does not automatically inherit anything under the intestacy rules.

Instead, the estate passes to relatives in a strict order set by law, usually beginning with spouses, civil partners and children. This can leave a surviving partner in a difficult position, even after years of living together.

For example, a couple can share a home, raise children together, and build a life as a family without ever being married. If one partner dies without a will (known as intestate), the surviving partner can often find that their partner's share of assets passes elsewhere. This leaves them potentially facing financial insecurity and homelessness when they are already going through the grieving process.

Cohabitants can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975; this isn’t straightforward. It can burden them with legal fees and be incredibly time-consuming and lengthy.

What will the cohabitation reforms mean for cohabiting couples if one partner dies?

The consultation proposes introducing automatic inheritance rights for certain cohabiting couples. Under the proposals, the surviving partner would be able to inherit under the intestacy rules if they met a qualifying definition set out in law.  

This would mean that a surviving partner could receive all or part of the deceased's estate without having to bring a separate court claim. The aim is to prevent situations where bereaved partners are left financially vulnerable simply because they chose not to marry.

Who will qualify for cohabitation reform protections?

The consultation proposes focusing on couples in long-term, committed, and interdependent relationships.

The suggested eligibility for separation and inheritance rules is that it will apply to couples who have lived together for at least three years or have a child together.

The intention is not to give cohabitants the same legal status as married couples, but to provide targeted protections for relationships that exist in a similar fashion.

Easier access to the estate

The proposals go beyond inheritance itself. The government is also consulting on giving qualifying cohabitants the right to administer a deceased partner's estate. Currently, surviving partners can face difficulties obtaining authority to deal with bank accounts, property, and other assets because they are not recognised under the intestacy rules.

Under the proposed reforms, a qualifying cohabitant would have a clearer route to managing the estate, reducing delays and disputes after a death.

Greater protection for cohabiting parents

Another significant proposal concerns cohabiting couples who have children. At present, a surviving partner may need to satisfy specific qualifying periods before making a claim for financial provision from their partner's estate.

The consultation is asking for views on removing these time requirements for couples where the deceased and surviving partner had children together. This would make it easier for surviving parents to obtain financial support from the estate for themselves and their family.

Would this change the legal definition of cohabitation?

Even if the reforms are introduced, marriage and civil partnership would remain legally distinct. The Government has been clear that any cohabitation rights would be narrower than the legal protections available to married couples. The intention is to make sure there is a safety net for couples who don’t marry.

How can I legally protect myself if I am cohabiting?

Even if the current proposals become law, cohabiting couples will still benefit from having a will , lasting powers of attorney and a cohabitation agreement .

• A will ensures that you and your partner get what you need to secure your future should the other one die. You can have separate wills that are different, or you can have mirror wills that are the exact same, depending on your circumstances.
• Lasting powers of attorney (LPAs) ensure that you can act on each other’s behalf if one becomes incapacitated. For example, if one of you were in a coma, the other would legally be allowed to manage your finances when you can’t.
• A cohabitation agreement is a legal document that sets out your arrangements for finances, property and children if you separate.

Without these documents, there is always a risk that you will have to go through court proceedings to get access to the things you need if you separate or die.

Although a will, LPA and cohabitation agreement can feel costly, it is cheaper than proving you’re entitled to someone’s money or property if you separate or the other person dies. It is also much more time-efficient; each of these documents can be created in a few hours, but court timescales are significantly longer.

Disputing a will will take at least months and can drag on for years. Applying to the Court of Protection for legal authority to act on someone’s behalf also takes several months, but fortunately, it is unlikely to last years. Without a cohabitation agreement, if a couple separates and cannot agree on the next steps, disputes can take well over a year to resolve.

When will the reforms happen?

The proposals are currently at the consultation stage, which closes in August 2026; as of now, no laws have changed. The Government will consider responses to the consultation before deciding whether and how to introduce legislation.

For cohabiting couples, the message is clear: the law may be moving towards greater protection, but for now, unmarried partners remain vulnerable if a loved one dies without a will. Until any reforms are implemented, making a valid will, LPA and cohabitation agreement remains the most effective way to protect you and your partner's financial future.