The cohabitation trap is not theoretical -- in London, it costs families millions every year

What the law actually says about cohabiting couples

The Cohabitation Rights Bill has been introduced in Parliament on multiple occasions and has repeatedly failed to progress into law. As of 2026, England and Wales remains one of the few common law jurisdictions with no statutory protection for cohabiting partners on death. Scotland introduced the Family Law (Scotland) Act 2006 which provides limited rights; England has not followed.

The practical consequence is that if you die without a will and you are not married or in a civil partnership, your partner receives nothing. The estate passes according to the intestacy rules -- to children, then parents, then siblings, then more distant relatives. A partner who has lived with the deceased for 30 years and contributed to the home in every respect has exactly the same legal standing as a stranger.

This is not a failure to appreciate the law -- it is a failure to act on it. HMRC estimates that over 3 million couples cohabit without marriage in England and Wales. A significant proportion of them are exposed to the intestacy trap.

Joint tenancy versus tenancy in common -- the property question

For cohabiting couples who own property together, how the property is legally held is critical. Joint tenants hold the property with a right of survivorship: when one dies, the survivor automatically becomes the sole owner, regardless of any will or intestacy rules. This provides effective protection for the property.

Tenants in common each hold a defined share of the property. There is no right of survivorship. On death, the deceased's share falls into their estate and passes under their will (if any) or the intestacy rules. For an unmarried couple holding as tenants in common, the surviving partner has no automatic right to the deceased's share -- it could pass to the deceased's parents, siblings, or children from a previous relationship.

Most couples who buy property together do so as joint tenants by default. But a deed of severance (converting from joint tenancy to tenancy in common) is commonly used in estate planning -- for example, when implementing a protective property trust, or when partners have different financial contributions and want to reflect this. If you are unsure how your property is held, the Land Registry title register will confirm it.

Pensions -- the nomination problem

Pensions do not pass under your will. They pass according to a nomination (or expression of wishes) form submitted to your pension provider. The pension trustees have discretion as to whom they pay -- but a current, clearly expressed nomination to your partner is persuasive.

Many people have outdated nomination forms that name an ex-partner, a parent who has since died, or simply no one. For unmarried partners, an up-to-date nomination is especially important because the pension trustees are not required to pay to the estate -- and if the estate passes under intestacy, the partner receives nothing from either the estate or the pension.

Review your nomination forms annually or after any significant relationship change. This takes minutes and could determine who receives a substantial asset. Contact your pension provider to request the current form and update it.

Life insurance in trust

A life insurance policy can be an effective way to provide for an unmarried partner without relying on the estate or the will. The key is to write the policy in trust -- which means it pays out to the named beneficiary (your partner) directly, bypassing the estate entirely. This avoids probate delays and, in many cases, IHT.

If you hold a life insurance policy but have not written it in trust, the proceeds will form part of your estate on death, increase the IHT exposure, and be delayed by the probate process. Most life insurance providers offer a free trust deed -- it is a simple document worth completing.

For unmarried couples without significant savings, a term life insurance policy written in trust provides immediate, accessible financial protection for the surviving partner during the most financially vulnerable period after bereavement.

What to do now

The priority actions for cohabiting couples are: make mirror wills naming each other as primary beneficiary; review how your property is held and take advice if you own as tenants in common; update pension nomination forms; write any life insurance in trust; and check whether either partner has assets in their sole name that need addressing.

These steps can be completed in a matter of weeks. The cost of mirror wills is £250-£550. The cost of not having them, for a London couple with a jointly owned property, could be the entire value of the estate.

Our mirror wills service matches you with a vetted specialist covering your area within 24 hours.

Wills for Unmarried Couples in London -- common questions