The Myth of “Common Law Marriage
- Colin Barrett
- Feb 16
- 2 min read
It’s one of the most persistent myths in English and Welsh law...

“We’ve lived together for years — we’re basically married.”
Legally, you’re not.
There is no such thing as a common law spouse.
And that misunderstanding can have devastating consequences.
What Actually Happens Without a Will
If you die without a Will and you are not married or in a civil partnership, your long-term partner may receive nothing at all under the intestacy rules.
It doesn’t matter if:
You lived together for 30 years
You have children together
You shared finances
Everyone considered you husband and wife.
Your estate could pass instead to:
Your children
Your parents
Your siblings
Or even more distant relatives
This could leave your partner financially vulnerable and potentially forced to make a legal claim just to stay in the home.
Property Ownership Adds Complexity
Many couples own property jointly, but even that doesn’t solve everything. The way a property is held, and the rest of your assets, still matters.
Joint ownership may pass automatically on death, but savings, investments, business interests and personal belongings do not.
A Simple Solution
A properly drafted Will:
Ensures your partner inherits what you intend
Appoints guardians for children
Reduces the risk of disputes
Provides clarity when emotions are high
For unmarried couples, a Will is not optional. It is essential.
If you are in a long-term relationship but not married, estate planning is not about pessimism, it’s about protection.
Love may not need paperwork. But security does.
Contact us today
Let’s make sure you and your loved ones are protected, now and always.
Make time now...for your family and for your peace of mind.





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