The number of unmarried couples who are living together has dramatically increased in recent years and over one- third of births are now outside marriage.

There is a common misconception that, after a given period, a couple living together, but not married, acquire the same property, financial and inheritance rights as married couples. This is not true: the myth of the common law wife is one of the most enduring. Contrary to popular belief cohabitants do not, after a specified period, acquire the status of common law wife giving them rights to property, a share of assets and the right to be maintained. In fact there has been no such thing as a common law wife for over 240 years.

Making a Will

Another popular myth is that by living with someone you have a claim on their estate if they die. You don't. If one party dies without leaving a will then the surviving partner will not automatically inherit anything unless the property is jointly held.

Wills are essential for cohabitants and can cover property, savings, guardianship for children as well as the right to reside in a house. The lack of a will could lead to further litigation under the Inheritance (Provision for Family and Dependants) Act 1975 that asks the court to provide for a dependant but such claims are hard to pursue and are the last thing on the mind of a surviving partner following the death of a loved one.

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