12/01/2026
In my poll yesterday, I asked what you thought a “common-law spouse” was.
At the time of writing, 50% selected a common-law spouse was: “A partner you have lived with for at least seven years”. The other 50% selected that a “common-law spouse” is not a legally recognised status. So who was right?
The concept of a “common-law spouse” is a commonly held belief, however in England & Wales there is no such status. Well done if you were one of the 50% who selected this correct option! Therefore, if you are not married or in a civil partnership, you will not have the same rights as if you are.
Why does this matter? If you are co-habiting with someone and circumstances change, you may not have the rights you expect. Your first thought is likely if you separate, however that is not the only situation.
In my area of expertise, when looking at death, the same is also true. If one partner dies, the surviving partner will have no automatic right to anything. At best, they may have to begin an expensive and time-draining claim against their partner’s estate. No-one wants that, even if everyone involved has a good relationship.
What is the solution? Discussing with you partner and planning. In the case of death, Wills are always important but if you are co-habiting, Wills are especially important. In other areas too, planning will help. There is usually a way to achieve your aims, you just have to plan for it.
If this is useful for a friend, please do share it. If it is useful for you, please do get in contact.