Press Coverage - 09/01/2025
Cohabitation and unmarried couples: Legal issues to consider in a ‘Common Law Marriage’
Denise Li Gates and Jessica Brittain recently wrote an article for eprivateclient, examining the issues around inheritance and common law marriages, and identifying some of the most common pitfalls which could cause financial and emotional difficulties for the unprepared.
According to the Office for National Statistics, cohabiting but unmarried couples are now the fastest growing family type in the UK, making up around a quarter of couples living together. However, research from Will Aid last autumn found that 68% of cohabitees were unaware of what happens to their estate if they died without a Will. In fact, 32% mistakenly believed that their assets would pass to their partner, and 11% admitted to never having considered the issue!
The rights of people in what some call “common law marriages” are often misunderstood, leaving cohabitees vulnerable. While legally married couples and civil partners have specific rights and responsibilities in law, the same protections and mechanisms do not extend to cohabitees.
Below we explore some of the most common pitfalls through our example couple: Alex and Sam.
The scenario
Like many couples, Alex and Sam had been together for some time and, when they decided to live together, Sam moved into Alex’s property, which Alex owned solely.
Alex and Sam remained together for many years and were happy not to get married or enter a civil partnership. Tragically, Alex later died in an accident and, like an estimated half of UK adults (according to Canada Life research), Alex had not made a Will…
- What happens to the property?
- What can Sam do?
- Would the worst be over?
- What should cohabiting couples do?
You can read the full article on eprivateclient’s site (Subscription required)
You can also read our original client briefing on this subject here.