In today’s world, more couples than ever are choosing to live together without getting married. Across Wolverhampton, Codsall, and South Staffordshire, it’s common for people to share homes, finances, and families without ever tying the knot.
But while society has changed, the law has not. Many unmarried couples believe they have the same legal rights as married partners — something often referred to as “common-law marriage.” Unfortunately, this is a myth. Under current UK law, common-law marriage doesn’t exist.
This means that if one partner dies without a will, the surviving partner may be left with nothing.
What Happens If You Die Without a Will
When someone dies without a valid will, their estate is distributed under the rules of intestacy. These rules make no provision for unmarried partners, no matter how long you’ve lived together or how intertwined your lives are.
If you die intestate (without a will), your estate will typically pass to your closest blood relatives — such as children, parents, or siblings — and not to your partner.
For example, imagine a couple in Wolverhampton who have been together for twenty years, own their home jointly in one partner’s name, and share all their bills. If the homeowner dies without a will, the surviving partner may have no legal right to remain in the property. The home could legally pass to the deceased’s relatives instead.
The Emotional and Financial Consequences
Losing a partner is devastating. Adding financial uncertainty to that grief can make an already painful situation far worse. Without a will, the surviving partner could face:
-
Losing their home if it’s not in their name.
-
Having no access to shared savings or investments.
-
Exclusion from decisions about funeral arrangements.
-
Potential disputes with the deceased’s family.
It’s heartbreaking to think that someone could be forced to leave the home they shared or lose assets they helped build — but it happens more often than many realise.
Children and Guardianship Issues
For unmarried parents, making a will is especially vital. If one parent dies, guardianship of the children does not automatically pass to the surviving partner unless they have parental responsibility.
A will allows you to name legal guardians for your children, ensuring that they are cared for by the people you trust most. It also allows you to make clear financial provisions for their future — including who should manage any inheritance on their behalf until they are old enough to take control themselves.
Protecting Joint Assets and the Family Home
If you and your partner own a home together, it’s important to understand how ownership affects what happens when one of you dies.
There are two main types of joint ownership:
-
Joint Tenants: When one partner dies, the property automatically passes to the surviving partner, regardless of what the will says.
-
Tenants in Common: Each person owns a specific share (for example, 50%). These shares do not automatically transfer — they pass according to the will.
If your home is owned as tenants in common, you can use your will to ensure your share passes to your partner or to protect your share for your children through a Property Protection Trust.
A professional will writer can help you decide the best way to structure your property ownership to safeguard your partner’s future while preserving inheritance for your family.
Unmarried, But With Children
Many unmarried couples in South Staffordshire have children together but don’t realise that their lack of a will can leave their children vulnerable.
Without a will, the inheritance rights of your children depend entirely on intestacy rules. You lose the ability to decide who receives what, how much they receive, or at what age.
A will lets you protect your children financially and ensure that your partner can continue to raise them without the added stress of legal or financial uncertainty.
Providing for Your Partner Through a Will
A will allows you to make sure your partner is looked after if you pass away. You can:
-
Leave them a share of your estate outright.
-
Give them a right to live in your home for life (via a trust).
-
Make financial gifts to provide ongoing security.
Trusts are particularly useful for balancing the needs of your partner and your children. For example, if you have children from a previous relationship, a Life Interest Trust can allow your partner to live in the property for life, but ensure it ultimately passes to your children.
Why a DIY Will Isn’t Enough
While online will templates and kits may seem convenient, they often fail to address the complexities of modern family life — especially for unmarried couples.
A professional will writer can ensure that your will is properly drafted, witnessed, and fully compliant with the law. They’ll also make sure your will takes into account property ownership, tax planning, and guardianship.
At Your Will Writers, we frequently meet couples who thought their arrangements were secure, only to discover that small legal details put their partner at risk. We make sure that doesn’t happen to you.
The Importance of Keeping Your Will Updated
Even after making a will, it’s important to review it regularly. Life changes — such as moving house, buying property, having children, or separating — can all affect your estate planning.
If you’ve recently purchased a property in Wolverhampton or South Staffordshire with your partner, or you’re planning to, it’s a perfect time to review or create your wills together.
Why Choose a Local Will Writer
Choosing a local expert makes a real difference. A local will writer can meet you face-to-face, explain your options clearly, and tailor everything to your personal circumstances.
At Your Will Writers, we’ve been helping couples in Wolverhampton, Codsall, Perton, and across South Staffordshire for over 25 years. We take the time to understand your relationship, your assets, and your wishes — providing peace of mind that everything is handled properly and securely.
Take the First Step Today
If you’re living together without being married, it’s essential to take action. A will is a simple but powerful document that ensures your partner and your family are protected.
It prevents legal battles, protects your home, and gives you control over who inherits your estate. Most importantly, it gives you peace of mind knowing your loved ones won’t face uncertainty or hardship.
Protect your partner, your home, and your future — start your will today with Your Will Writers.
Your Will Writers
Tel: 07727 347377 or 01902 918223
Email: info@yourwillwriters.co.uk
Website: www.yourwillwriters.co.uk