Property Claims by Unmarried Partners After Death

When a partner dies, the legal position can be very different depending on whether you were married or not.

Many couples believe in the idea of a “common law marriage” — that living together for a long time gives you the same legal rights as a spouse.

It doesn’t.

If you were not married or in a civil partnership, your rights after your partner’s death can be limited — particularly when it comes to property. In some cases, surviving partners are left with no automatic entitlement at all, even after many years together.

This guide explains your rights, when you may be able to make a claim, and how the law addresses disputes involving unmarried couples.

The Myth of “Common Law Marriage”

It’s one of the most common misunderstandings we see.

There is no such thing as a “common law spouse” under UK law. Living together — no matter how long — does not automatically give you the same rights as a husband, wife, or civil partner.

This means:

You do not automatically inherit your partner’s estate
You may have no right to remain in the property
You are not first in line under the intestacy rules.

This often comes as a shock, particularly where couples have shared finances, raised children, or jointly contributed to a home.

What Happens If There Is No Will?

If your partner dies without a valid Will (known as dying intestate), their estate is distributed under the rules set out in the Administration of Estates Act 1925.

Under these rules:

Married spouses and civil partners inherit first
Children may inherit next
Unmarried partners are not included at all.

This means that even if you lived together for decades, you could receive nothing from your partner’s estate — including the home you shared.

In practical terms, this can create serious problems:

You may not have the legal right to stay in the property
Ownership may pass to children or other family members
You may be forced to sell or leave the home.

What If the Property Was Jointly Owned?

The position changes depending on how the property was owned.

Joint Tenants

If you owned the property as joint tenants, your partner’s share will usually pass to you automatically under the right of survivorship.

This happens regardless of what a Will says.

Tenants in Common

If you owned the property as tenants in common:

Your partner’s share does not automatically pass to you
It forms part of their estate
It is distributed according to their Will or, if there is no Will, according to intestacy rules.

This is where disputes often arise, particularly if the deceased’s share passes to someone else (such as children or family members), leaving you co-owning the property with them.

Can You Make a Claim Against the Estate?

Yes — in certain circumstances.

If you were financially dependent on your partner, or lived with them as a couple, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

To qualify, you would usually need to show that:

You lived together as a couple for at least two years before their death, or
You were financially maintained (fully or partly) by your partner.

A successful claim can result in:

A financial award
The right to remain in the property for a period of time
In some cases, a transfer of property or housing provision.

However, these claims are not automatic. The court will consider what is a “reasonable financial provision” based on your circumstances.

Any claim must be made within 6 months from probate being granted, so it is important to seek legal advice at an early stage.

Property Disputes: Beneficial Interest Claims

Even if you are not named as an owner, you may still have a beneficial interest in the property.

This arises where:

You contributed financially (e.g. deposit, mortgage payments)
There was a shared understanding that the property belonged to both of you
If you were promised the property and relied on that to your detriment

These claims are often brought under the Trusts of Land and Appointment of Trustees Act 1996.

Through a TOLATA claim, the court can:

Recognise your interest in the property
Determine what share you are entitled to
Order a sale if necessary

These cases can be complex and fact-specific, often relying on evidence of conversations, financial records, and the overall course of the relationship.

What Will the Court Consider?

Whether you are bringing a claim under inheritance law or property law, the court will look at a range of factors, including:

The nature and length of your relationship
Financial contributions made by each party
Your current financial position and housing needs
Any competing claims from family members or beneficiaries
The intentions of the deceased (where these can be established).

There is no one-size-fits-all outcome. Each case turns on its own facts.

Time Limits You Need to Know

Acting quickly is crucial.

Claims under the Inheritance Act must usually be brought within 6 months of the Grant of Probate.
TOLATA claims do not have the same strict deadline, but delays can still weaken your position.

If you are unsure about your rights, early advice is essential.

How to Protect Yourself in Advance

The difficult reality for unmarried couples is that the law does not automatically step in to “do what feels fair” after death. If you want your partner to be protected, it usually requires deliberate planning.

Taking a few practical steps early on can prevent significant uncertainty, cost, and distress later — both for your partner and your wider family.

For unmarried couples, this often includes:

Making a Valid Will

A professionally drafted Will is one of the most important protections you can put in place.

Without one, your partner has no automatic right to inherit under the Administration of Estates Act 1925.

A Will allows you to:

Leave your share of the property (or other assets) to your partner
Provide your partner a right to occupy property, even if not ultimately left to them
Appoint executors you trust
Make clear provisions for children or other dependants
Reduce the risk of disputes after your death.

Crucially, it ensures your intentions are followed, rather than relying on rigid intestacy rules that do not recognise unmarried relationships.

Setting Out Ownership Shares Clearly

If you own property together, clarity is key.

A declaration of trust records how the property is owned in practice, including:

Whether ownership is equal or unequal
How contributions (such as deposit or mortgage payments) are reflected
What should happen if the property is sold.

Without this, disputes can arise about who is entitled to what — particularly if contributions were uneven.

Clear documentation at the outset can prevent complex and costly arguments later.

Considering Life Insurance or Financial Provision

Even where property arrangements are clear, there may still be financial gaps if one partner dies.

For example:

The surviving partner may struggle to maintain mortgage payments alone
There may be inheritance tax implications
Immediate living costs may become difficult to manage.

Life insurance policies or other financial planning tools can provide a safety net, ensuring your partner is not left in a vulnerable position.

Taking Legal Advice When Purchasing Property Together

Many issues we see arise from decisions made at the point of purchase — often without legal advice tailored to the couple’s circumstances.

Seeking advice early allows you to:

Choose the right form of ownership (joint tenants vs tenants in common)
Put a declaration of trust in place
Align ownership with your wider financial and estate planning
Avoid assumptions that could later prove incorrect.

This is particularly important where:

One party is contributing more financially
There are children from previous relationships
The property is intended as a long-term shared home.

The Risk of Doing Nothing

Without these steps, the legal position can be very different from what you intended.

Your partner may:

Receive nothing under intestacy rules
Face a dispute with family members
Be forced to make a legal claim just to remain in their home.

These situations are not uncommon — and they are often avoidable with straightforward planning.

Need a Legal Solution?

Our solicitors have a proven track record of resolving complex disputes for people and businesses in Sussex. Let us help you tackle the legal system with a clear strategy and expert support.

Email our team to discuss your case: enquire@bbc-law.co.uk

FAQs

How long do you have to live together to have rights after death?

There is no minimum period that creates automatic rights.

However, to bring a claim under the Inheritance Act as a cohabiting partner, you usually need to show that you lived together as a couple for at least two years immediately before the death.

Even then, this does not guarantee a successful claim — it simply allows you to apply.

Can I stay in my partner’s house if they die and I’m not on the mortgage?

Not automatically.

If you are not a legal owner or named in a Will, you may have no right to remain in the property. This can lead to difficult situations where family members or beneficiaries inherit and may want to sell.

However, you may be able to:

Make a claim to remain in the property for a period of time
Seek financial provision to secure alternative housing
Establish a beneficial interest.

Early legal advice is important in these situations.

What rights do unmarried partners have to property?

Unmarried partners do not have automatic rights to property owned solely by their partner.

However, rights can arise through:

Legal ownership (being named on the title)
A beneficial interest based on contributions or shared intentions
Claims under the Trusts of Land and Appointment of Trustees Act 1996.

These claims can be complex and often depend on evidence of financial contributions and the nature of the relationship.

Can I claim if my partner left everything to someone else?

Yes, in some cases.

Even if your partner’s Will leaves everything to someone else, you may still be able to make a claim under the Inheritance Act if you were financially dependent or living together as a couple.

The court can award what it considers to be “reasonable financial provision,” which may include housing or a financial payment.

Do unmarried partners pay inheritance tax?

Unmarried partners do not benefit from the same inheritance tax exemptions as married couples or civil partners.

This means:

Assets passed to an unmarried partner may be subject to inheritance tax
The spouse exemption does not apply.

This is another reason why proper estate planning is important for unmarried couples.

Can I make a claim if we lived together, but the house was in their name only?

Yes, but you will need to prove your entitlement.

This could involve:

Showing financial contributions
Demonstrating a shared understanding that you had a stake in the property
Bringing a claim under TOLATA or the Inheritance Act.

These cases can be legally complex, so early advice is essential.

What evidence do I need to prove a property claim?

Evidence is often crucial, particularly for beneficial interest claims.

This may include:

Bank statements showing contributions to a deposit or a mortgage
Messages or emails discussing ownership
Records of shared finances or household expenses
Witness evidence about the nature of the relationship.

The stronger the evidence, the stronger your position is likely to be.

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When to Seek Legal Advice

After the death of a partner, it’s not always immediately clear what your legal position is — particularly if you were not married. In many cases, decisions about the estate and property begin quickly, and delays can limit your options.

Seeking legal advice early can help you understand where you stand, what you may be entitled to, and what steps need to be taken to protect your position.

You should consider speaking to a solicitor if:

Your partner has died and you are unsure of your rights
If you don’t know whether you are entitled to anything — or what happens next — getting clarity at an early stage is essential. The legal framework for unmarried couples differs significantly from that for married spouses, and assumptions can be costly.
You are not named in the Will (or there is no Will)
If you have been excluded from a Will or your partner died intestate, you may still have options. A solicitor can advise on whether you can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, and what evidence will be needed.
You are at risk of losing your home
If the property is not legally yours — or is passing to someone else under a Will or intestacy — your right to remain may be uncertain. Early advice can help you explore urgent options, including claims that may allow you to stay in the property or secure alternative housing.
There is a dispute with family members or beneficiaries
Disagreements can arise quickly, particularly where expectations differ or the estate is valuable. Legal advice can help manage the situation constructively, protect your interests, and, where possible, avoid escalation.
You believe you contributed to a property but are not recognised as an owner
If you paid towards the deposit, mortgage, or upkeep of a property but are not named on the title, you may still have a claim. These situations often require careful handling and evidence gathering, particularly if a claim under the Trusts of Land and Appointment of Trustees Act 1996 is being considered.

How We Can Help

The Probate Team at Burt Brill & Cardens advises clients on claims involving property and estates after the death of a partner, including disputes affecting unmarried couples. Whether you are seeking to remain in your home, establish a beneficial interest, or bring a claim for financial provision, we can help you understand your rights and the options available to you.

Contact the team on 01273 604123 to discuss your situation. Alternatively, you can reach us by email at enquire@bbc-law.co.uk or make an enquiry.

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Property Claims by Unmarried Partners After Death: What Are Your Rights?