Life insurance for unmarried couples

7 September 2026

There is no such thing as a common law spouse. Under the intestacy rules in England and Wales, an unmarried partner has no automatic right to inherit, however long you lived together.

5 min read · Ben Tomlin · Last reviewed September 2026

The short answer

There is no common law spouse in England and Wales. Under the intestacy rules only married partners and civil partners inherit automatically, so an unmarried partner has no automatic right to inherit without a will. Writing life cover in trust and making a will are what fix it, not owning the mortgage jointly.

Common law partners have no automatic rights

Living together for years does not create a legal relationship in England and Wales.

Under the rules of intestacy, married partners and civil partners can inherit. An unmarried partner has no automatic right to inherit.

It does not matter whether you have been together for thirty years or have children together.

If there is no will, the estate passes to relatives in a fixed order set by law, and a partner is not on that list.

What that means in practice.

A partner who has paid half the mortgage for a decade can find the deceased's share of the estate going to a parent or a sibling. The law does not know about the relationship.

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Three gaps for unmarried couples, and how to fix them

1. Who inherits the estate

The fix is a will. Without one, intestacy decides, and it does not recognise an unmarried partner.

Where there is a surviving married or civil partner and children, the partner takes personal belongings, the first £322,000 of the estate and half the remainder. An unmarried partner takes none of it.

2. Whether the life insurance reaches your partner

The fix is a trust. Without one, the payout is usually an estate asset, so it follows the will or the intestacy rules.

A trust names your partner directly and takes the money out of that queue.

3. Whether Inheritance Tax applies

The fix is planning. The spouse exemption does not apply to unmarried couples.

Anything left to a spouse or civil partner is exempt from Inheritance Tax. Anything left to an unmarried partner is not.

So the same estate, with the same assets, can produce a 40 per cent charge above the £325,000 threshold that a married couple would not face.

A life insurance payout that is not in trust can be what pushes it over.

Unmarried couples and the family home

How you own the property changes the outcome, and most couples do not know which version they have.

Ownership type	What happens on death
Beneficial joint tenants	The survivor automatically inherits the other share, outside the will and outside intestacy.
Tenants in common	The share passes under the will, or under intestacy if there is no will.

Tenants in common is common where the deposit was unequal or there are children from a previous relationship.

It is also where an unmarried partner is most exposed. The deceased's share can pass to relatives while the survivor still lives in the house.

Check which one you have. It is on the title register and a conveyancer can confirm it in minutes.

Then make sure the protection matches. A joint mortgage with no cover and no will is the combination that causes the most damage.

What unmarried couples should do

Make a will each. This is the single most important step and the one most often postponed.
Check how you own the property, and change it deliberately if the current form is wrong for you.
Put life cover in place that clears the mortgage and leaves the survivor able to stay.
Write those policies in trust, naming your partner, so the money does not wait for probate or follow intestacy.
Name each other on pension death benefit nomination forms, because those are separate from a will.
Review everything if you marry, separate, or have a child.

The pension point is a genuine gap. Pension death benefits are usually paid at the scheme's discretion, guided by your nomination form.

An out of date nomination naming an ex partner is common and completely avoidable.

None of this requires getting married. It requires two documents and a couple of forms.

Trusts have legal and tax consequences. Writing a protection policy in trust is normal adviser work. A complex estate needs a solicitor as well. Complex means a business, a second family or an asset held overseas.

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Frequently asked questions

Does my partner inherit if we are not married?

Not under the rules of intestacy in England and Wales. Only married partners and civil partners inherit that way. Without a will, an unmarried partner has no automatic right to inherit, however long you lived together.

Is there such a thing as a common law spouse?

No. It is a widely believed myth. Living together does not create automatic inheritance rights in England and Wales, regardless of how long it has lasted or whether you have children together.

How do I make sure my life insurance goes to my partner?

Write the policy in trust and name them as a beneficiary. That takes the payout outside your estate, so it does not follow the will or the intestacy rules, and it does not wait for probate.

Do unmarried couples pay Inheritance Tax?

They can. The exemption for anything left to a spouse or civil partner does not apply to unmarried partners. So an estate above the £325,000 threshold can face a 40 per cent charge that a married couple would not.

We own the house jointly, is that enough?

It depends on how. Beneficial joint tenants means the survivor automatically inherits the other share. Tenants in common means that share passes under the will or intestacy instead. Check the title register.

Should we get a joint policy or two single ones?

Two single policies written in trust usually give more flexibility, because each can pay out and the arrangement survives a separation. A joint policy is cheaper but pays only once. Which suits you depends on your mortgage and your circumstances.