If your unmarried partner of 10 years dies in the UK, who gets the house?

The short answer: not your partner.

In England and Wales, a partner you are not married to or in a civil partnership with has no automatic right to inherit anything. That is true after ten years, twenty years, or a lifetime together. If the house was in your partner’s sole name and they did not leave a will, it passes to their relatives under the intestacy rules. You are not on the list.

There is no such thing as common-law marriage

Many couples believe that living together for long enough gives them the same rights as a married couple. It does not. “Common-law spouse” has no legal meaning in England, Wales or Northern Ireland.

When someone dies without a will, the law decides who inherits, in this order:

1. A spouse or civil partner.
2. Children, or their descendants.
3. Parents.
4. Brothers and sisters, or their descendants.
5. Half-brothers and half-sisters.
6. Grandparents.
7. Aunts and uncles, or their descendants.
8. The Crown, if there is no one else.

An unmarried partner does not appear. A grown-up child from a previous relationship, an estranged parent or a sibling your partner had not spoken to in years would inherit ahead of you.

What happens to the house depends on how it is owned

• In your partner’s sole name. The house is part of their estate. With no will, it goes to their relatives. You may have to move out so it can be sold.
• Jointly, as tenants in common. You keep your own share. Your partner’s share goes under their will, or to their relatives if there is no will. You could end up co-owning your home with your partner’s family.
• Jointly, as joint tenants. This is the one arrangement where the house passes to you automatically, outside the will. Many couples do not know which type of joint ownership they have. Check the title register at HM Land Registry.

You can go to court, but it is slow and uncertain

If you lived with your partner as a couple for at least two years immediately before they died, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

• The claim usually has to be made within six months of the grant of probate.
• A cohabiting partner can only claim what is reasonable for their maintenance. A spouse can claim much more.
• Claims are expensive, can take years, and usually mean taking action against your partner’s family at the worst possible time.

The 1975 Act is a safety net. It does not replace a will.

Even with a will, tax treats you differently

Anything left to a husband, wife or civil partner is free of inheritance tax. Anything left to an unmarried partner is not. Above the £325,000 nil-rate band, the estate pays 40%. The additional residence allowance only applies when the home goes to children or grandchildren, not to a partner.

A will gets the house to the right person. Planning ownership and tax as well makes sure they can afford to keep it.

Scotland is different

In Scotland, a surviving cohabitant can ask the court for a share of the estate even when there is no will. The application must be made within six months of the death, and the outcome is at the court’s discretion. A will is still the reliable route.

Two ways to make a will for free or for a donation this autumn

Martin Lewis has highlighted two charity-backed schemes on national television. Between them, they cover October and November.

Free Wills Month, October

• For people aged 55 and over. For a couple making mirror wills, only one of you needs to be 55.
• Participating solicitors in selected locations across England, Wales and Northern Ireland write a simple will free of charge. Scotland is not covered in the October 2026 round.
• Charities pay for the solicitors’ time. You may be asked to think about leaving a gift to charity. There is no obligation.
• Appointments are limited and go quickly. Book now.

Will Aid, November

• Open to anyone, of any age, anywhere in the UK.
• Solicitors waive their fee for a basic will. In return, you are asked to donate to charity: a suggested £120 for a single will or £200 for a pair of mirror wills.

Five things to do this month

1. Check how your home is owned. Sole name, joint tenants or tenants in common. The title register will tell you.
2. Book a will each. Free Wills Month if one of you is 55 or over; Will Aid in November if not. Our making a will checklist covers what to sort before the appointment.
3. Name each other clearly. Say who gets the house, or the right to live in it, and who your executors are.
4. Put lasting powers of attorney in place. An unmarried partner has no automatic right to make decisions for you if you lose capacity. See the two types of LPA, plainly.
5. Write down where everything is. Deeds, mortgage, insurance, pensions and the will itself. Your partner should not have to search for them.

Keep it in one place

A will only helps if the people who need it can find it. FamilySafe holds your will, property documents and the details of your solicitor and executors in one place. The people you nominate can reach them when you have said they can.

Know what you have. Know who can reach it. Know what happens next.

Start your Family Readiness plan

This article is general information about the law in the UK as of October 2026. It is not legal or tax advice. If your partner has died, speak to a solicitor as soon as possible, because the time limits for a claim are short.