When There is No Will: The Hidden Risk for Cohabiting Couples

And the myth of the "common law spouse"

Marrianne and Martin married in 2000, purchased a home and had two children. Unfortunately, the marriage didn’t work out, and they amicably divorced and co-parented their two children.

Eventually, Martin met Sally, who had a young daughter. Sally and her daughter moved into Martin’s home, and they had a son together.

One evening Martin was walking home from work, suffered a heart attack and died in hospital a few hours later.

Sally set about sorting out Martin’s funeral. Martin did not have a will, and therefore intestacy rules applied. As Martin and Sally were not married, nor in a civil partnership, his estate including the property he owned passed to his three children, meaning Sally and her daughter received nothing, which was probably not Martin’s intention.

Situations like this are more common than many people realise. There is a widespread belief that couples who live together for a long time acquire “common law” rights. In reality, the law does not recognise common law marriage. No matter how committed the relationship, a cohabiting partner does not automatically inherit if there is no valid Will in place.

For Sally, this meant immediate uncertainty at an already devastating time. Although the children inherited the property, Sally had no automatic legal right to remain in the home or to receive financial support from Martin’s estate. Any potential claim would involve additional legal steps, cost, and emotional strain.

Blended families are now a normal part of modern life. However, without proper planning, the law can produce outcomes that do not reflect a person’s true wishes. A carefully drafted Will allows you to decide who benefits from your estate, appoint guardians for minor children, and ensure that partners are protected.

Making a Will is not simply about distributing assets; it is about providing clarity and security for the people you care about most. It avoids uncertainty, reduces the risk of disputes, and ensures your intentions are honoured.

If you are living with a partner, have remarried, or have a blended family, taking advice and putting a Will in place is one of the most important steps you can take to protect your loved ones.

If you are interested in a no-obligation consultation with one of our trusted lawyers about protecting your family's future then please do not hesitate to contact us to, either via the 'Contact Us' button above or by calling our office on 01502 532700.