Can a cohabiting partner apply for a presumption of death?

Many couples in the UK live together for years without getting married or entering a civil partnership. While this reflects modern family life, it can cause serious legal difficulties if one partner goes missing.

One of the most common questions we are asked is:

“Can I apply for a presumption of death if my missing partner and I were not married?”

The short answer is: not automatically, but a recent court case shows that the law is willing to recognise real relationships, even where legal status is missing.

The legal problem for cohabitees

Under the Presumption of Death Act 2013, certain people have an automatic right to apply for a declaration that a missing person is presumed dead. These include spouses, civil partners, parents, children and siblings.

Cohabiting partners are not on that list.

This can feel unfair, particularly where a couple shared a home, children and finances for many years. Without a declaration of presumed death, a cohabitee may be left unable to deal with:

• The family home
• Joint finances
• Children’s arrangements
• Estate and inheritance matters

The case that highlighted the issue

In Re P (Presumption of Death) [2021], the court considered a case involving a long‑term cohabiting partner whose companion had gone missing.

The couple were not married, but they had lived together as a family and had a child together. The cohabiting partner wished to apply for a declaration of presumed death but faced a problem: as a cohabitee, she had no automatic right to make the application.

To avoid the risk of the application being rejected, the claim was instead made in the name of the couple’s child, who did fall within the category of people entitled to apply.

What did the court say?

Although the application technically proceeded in the child’s name, the judge took the opportunity to comment on the wider issue.

The court acknowledged that:

• A long‑term cohabiting partner may be as close to the missing person as anyone
• It was “unfortunate” that the law required such an indirect route
• The concept of “sufficient interest” is not tightly defined and must be looked at realistically

While the court did not change the law, the case made it clear that judges understand that family life does not always fit neatly into legal categories.

Why this case matters

This decision is important because it shows that:

• The courts are alive to the realities of modern relationships
• Cohabitees are not being dismissed as irrelevant
• Creative and careful legal solutions can be used where automatic rights do not exist

It also highlights a crucial point: how an application is made can be just as important as who makes it.

What should cohabitees take from this?

If you are a cohabiting partner of someone who has gone missing:

• Do not assume you have no options
• Do not assume you can apply in your own name without advice
• Do seek legal guidance early

Depending on the circumstances, it may be possible to:

• Apply via a child or another eligible family member
• Demonstrate sufficient interest through evidence of your shared life
• Ensure the application is framed in a way the court is likely to accept

The importance of legal advice

Applying for a presumption of death is a serious and complex step, particularly where the applicant does not have an automatic right.

A solicitor can help by:

• Assessing the safest route for an application
• Advising who should act as applicant
• Preparing evidence of the relationship
• Reducing the risk of delay or refusal

How we can help

We regularly advise cohabiting partners and families dealing with the distress and uncertainty of a missing loved one. Our approach is practical, sensitive, and tailored to your individual circumstances.

If your partner has gone missing and you are unsure where you stand legally, please contact our Contentious Probate & Trust team for confidential advice.