“My Partner Gets Nothing” — Why Common-Law Marriage Isn’t Real
John and Mary lived together for 22 years. When John died suddenly, Mary discovered she wasn’t legally recognised as anything at all.
John and Mary lived together for 22 years. They shared bills, raised Mary's daughter, and planned to “sort the paperwork out one day.”
John died suddenly.
Mary discovered she wasn't legally recognised as anything at all.
Because they weren't married and John hadn't made a will, the law treated Mary as a stranger. The house John had paid into for decades passed under intestacy rules — not to her, but to his adult children.
Mary was given time to “make arrangements.” At 63, while grieving, she faced the prospect of selling the home she'd lived in for over two decades, or taking her stepchildren to court to ask a judge for financial provision.
John and Mary believed in the idea of “common-law marriage.” The law didn't.
The takeaway
If you live with your partner and don't have a will, the law does not protect them — no matter how long you've been together. “Common-law wife/husband” does not exist in England & Wales.
The fix
- Make a will naming your partner explicitly
- Consider a life-interest trust if a property is involved
- Review it again if your circumstances change
If you live with someone you love, please don't put this off. One conversation fixes it.
Want to chat it through?
15 minutes on the phone, free, no obligation. I'll answer your questions and you decide what to do next.
— Anita Elliott
Solicitor of England & Wales · Visit Wills · Blackpool
Originally posted on Nextdoor. General information, not legal advice for your specific situation.