Living Together Without Tying the Knot - The Hidden Risks for Cohabitees

Living with someone as a cohabitee is increasingly common. In 2005 around 4 million people were cohabiting in the UK and cohabiting couples made up roughly 12–14% of families. Fast forward and by 2022, 6.8 million people were cohabiting and 18.4% of families were cohabiting. The rates of cohabitation fall the older we get, and couples will either marry or enter civil partnerships but not always. But cohabitation remains increasingly popular across all age ranges. But it has long been known to have serious ramifications, if their partner dies without leaving a Will. The cohabitee could potentially be left with nothing and would have to turn to the Inheritance (Provision for Family and Dependants) Act 1975 to make a claim against the Estate.  

But how would a cohabitee claim differ from that of say, a spouse who did not receive enough? Are they not treated the same? Would a cohabitee and a spouse enjoying the same length of relationship (all other factors being equal) not have the same outcome? The short answer is no. To illustrate this, let’s see how the 1975 Act treats these two types of claimants very differently – just to highlight the legal distinctions and the practical implications:

Spouse - Automatically eligible to claim under the Act.

Cohabitee - Must prove they lived with the deceased as husband and wife (or civil partners) in the same household for at least two years prior to death.

Spouse - Entitled to reasonable financial provision which is not limited to maintenance. Courts may consider what the spouse would have received in divorce proceedings (the divorce cross-check).

Cohabitee - Entitled only to provision for maintenance, which is a lower threshold.  Courts assess what is reasonable for the applicant’s ongoing needs.

Spouse - No need to prove dependency or cohabitation.

Cohabitee - Must prove cohabitation and financial dependency. Evidence may include shared bills, joint accounts, or caregiving roles.

Spouses - Still receive more generous awards, especially in long marriages or where the spouse contributed significantly to the Estate.

Cohabitees - Such claims are increasingly successful in claims, especially in long-term relationships or where dependency is clear. 

Spouse - In Re Estate of Singh [2023], the wife was awarded 50% of the Estate after being disinherited, due to her long marriage and contributions.

Cohabitee - In Thompson v Ragget [2018], a woman who had cohabited for 42 years was awarded a cottage and funds for care, despite being excluded from the final will. 

So while spouses enjoy broader rights and stronger presumptions under the 1975 Act, cohabitees can still succeed - especially with clear evidence of dependency and long-term cohabitation. However, their claims are limited to maintenance, and they face higher evidential burdens too. This would include rent-free accommodation, regular financial support, or contributions to living expenses. Other non-financial contributions (such as caregiving, homemaking) may also be relevant. But given cohabitant claims are limited to reasonable provision for maintenance, disclosure of income, assets, and future financial needs is essential as well as other factor in the 1975 Act – health, any obligations of the Deceased and even matters of conduct. 

Some cohabitants mistakenly believe they have ‘common law rights’ that would entitle them to something from the Estate. This is not correct and aside from jointly owned assets, the only recourse available will be a 1975 Act claim which will be far from certain, costly and time consuming. Anyone dying without making a Will shall have their assets (not jointly owned) passing by the rules of intestacy. This means cohabiting partners are not recognized under the intestacy rules, regardless of how long they lived together or whether they had children. The Estate will be distributed to blood relatives in a strict order meaning the surviving cohabitee receives nothing automatically, even if they shared a home or finances with the deceased held in their sole name.  

All of this could be avoided if the Deceased leaves a Will. It’s always important to make sure testamentary wishes are in place and regularly reviewed to keep them up to date with their changing circumstances. This is especially true where cohabitants are concerned. It’s very easy to put off discussions about mortality, but when the ramifications are so profound - as they are for cohabitants in particular - it’s a discussion worth having.

If you have any queries about a 1975 Act claim, please contact Noel McNicholas on 01926 887700 or noel.mcnicholas@thomasflavell.co.uk.