Common law marriage is a myth – but unmarried couples could be in line for greater rights

You can comment now on a new Government consultation.

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Published: June 30, 2026 at 4:33 PM

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Do you live with a partner in unmarried bliss?

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Nearly one in five couples do – that’s 3.5 million people, and they are the fastest-growing family type. But many do not realise they have almost no financial rights over their partner’s money or property if their relationship ends or one of them dies.

It doesn’t matter how long you’ve been together, who owns what, who does the housework or decorates the living room. Even if you have children together, in England and Wales an unmarried couple is treated like two single people. Common law marriage is a myth.

The Government has now published a consultation paper on giving them some of the financial rights married couples already have, but watered down to preserve “the distinct and unique status of marriage” – or, indeed, civil partnership, which brings exactly the same rights.

Under the plans, a couple who have lived together for more than three years or had a child together would have limited rights to each other’s property if they split up. It will be based on need, and in particular the needs of any children.

The starting point will be that each keeps their own property unless an analysis of needs shows that would not be fair.

The surviving partner will also get some rights when one dies and there is no will.

At the moment an unmarried partner has no rights to inherit their partner’s wealth – it would normally be divided between any children and then other relatives of the deceased.

Even a spouse has no right to inherit everything in these circumstances, and the intestacy rules will be reviewed to see where a cohabiting partner should sit in the hierarchy of who gets what if there is no will.

The one glaring omission in the plans is inheritance tax. A spouse can leave everything entirely free of it to their other half. But unmarried partners who inherit will still face a bill of 40% on all money and property that exceeds £325,000.

The changes will require new laws and then take time to begin.

Meanwhile, unmarried couples should make a will and consider taking that most effective tax planning step – marry the one you love to achieve financial married bliss.

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If you wish to comment on the consultation, search gov.uk for “a fairer end to relationships” before 14 August.

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