Cohabitation Reforms: What the Proposed Changes Mean for You and Your Home

1 October, 2026 5 minutes reading time

Over 3.5 million couples in England and Wales live together without marrying. Yet millions still believe that living together creates a ‘common-law marriage’ that grants automatic legal protections.

Under current law, common-law marriage is a myth.

The government recently consulted on sweeping proposals in A Fairer End to Relationships. While headlines often focus on relationship breakdowns, the consultation’s critical proposals address property ownership and inheritance.

The Current Law: What Happens When an Unmarried Partner Dies?

Under the current Rules of Intestacy (the statutory framework that dictates who inherits when someone dies without a valid Will), unmarried partners are not recognised.

• No automatic inheritance: If your partner dies without a valid Will, their entire estate passes to their children or blood relatives. You receive nothing automatically, regardless of how long you shared a home.
• Risk to your home: If the property sits in your partner’s sole name, their family inherits the house. In severe cases, surviving partners face eviction from the home they shared.
• Complex court battles: Surviving partners can only claim financial support by making a formal court application under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are costly, stressful, and pit the surviving partner directly against the deceased’s family.
• No authority to administer the estate: Surviving cohabitants have no automatic legal right to manage a deceased partner’s estate or access joint financial affairs.

What Do the Proposed Reforms Change?

The government’s proposals explore targeted reforms to protect cohabiting couples on death:

1. Automatic Intestacy Rights. The proposals would grant qualifying cohabitants automatic inheritance rights under the intestacy rules. A surviving partner would inherit directly, without the need to launch a contested court claim.

2. Clear Qualification Rules. To ensure fairness for wider families, the law would likely limit automatic rights to couples who have:

• Lived together for a qualifying period (such as three years), or
• Had a child together.

3. Estate Administration Rights. Qualifying partners would gain the legal standing to apply for Letters of Administration. This would allow the surviving partner to manage the estate, access accounts, and settle assets smoothly.

Why You Cannot Rely on the Reforms Yet

While these proposals mark a welcome shift, couples should not wait for legislation for three practical reasons:

1. Reforms take time: Consultations often take years to translate into parliamentary bills and enforceable law. Until then, the existing intestacy rules apply in full.

2. The ‘statutory default’ may not reflect your wishes: Even under the proposed rules, the law divides an estate according to fixed statutory formulas. It will never replace the precision of a bespoke Will.

3. No Inheritance Tax exemption: Married couples and civil partners can transfer assets between each other free of Inheritance Tax (IHT). Cohabitants do not benefit from this exemption. Without careful estate planning, a surviving partner could face an unexpected tax bill to keep their home.

Protecting Your Home and Each Other Today

You do not need to wait for Parliament to secure your position. Three essential property and private-client steps protect cohabiting couples immediately:

1. Make a Valid Will. A properly drafted Will remains the most reliable way to pass your home, savings, and personal possessions to your partner. It completely bypasses the harsh rules of intestacy and avoids costly disputes among relatives.

2. Structure Your Property Ownership Correctly. When buying a home together, your solicitor should help you decide how to hold legal title:

• Joint Tenants: Both partners own the whole property together. If one partner passes away, the property automatically passes to the survivor outside of a Will.
• Tenants in Common: Each partner owns a distinct share (such as 50/50 or 70/30). Your share does not automatically pass to the survivor; you must leave it to them in your Will.
• Declarations of Trust: If one partner contributes a larger deposit or covers a higher share of the mortgage, a Declaration of Trust legally records that agreement and protects those funds.

3. Lasting Powers of Attorney (LPAs). If your partner has an accident or suffers a sudden illness, you have no automatic authority to manage their bank accounts or make decisions about their medical care. Creating Lasting Powers of Attorney (LPAs) ensures you can step in when it matters most.

Our Advice

While the proposed reforms mark a welcome step towards recognising modern relationships, statutory changes can take years to become law. Even when passed, general legislation rarely fits the unique circumstances of individual couples.

Nevertheless, the consultation offers the clearest indication in years that the rights of cohabiting couples are an active policy priority. In the meantime, the most effective way to protect your shared life and assets is to put clear, tailored arrangements in place now:

• For your home: If you are purchasing a property together or want to record unequal deposit contributions fairly, consult specialist residential property lawyers to ensure you hold legal title correctly and put a watertight Declaration of Trust in place.
• For your future: If you want total certainty that your partner will inherit your assets securely and smoothly, seek advice from specialist wills, trusts, and estates solicitors to put a valid Will in place.

Taking control of your legal arrangements today removes the uncertainty of tomorrow. If you would like to discuss protecting your property or drafting a Will, please get in touch with our team – we’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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