More couples in later life are choosing to live together without marrying. Some have been married before and don’t want to again. Others want to protect children’s inheritances, or simply don’t see the need. But in Northern Ireland, as in the rest of the UK, living together doesn’t give you the same legal rights as marriage or civil partnership, however long you’ve been together. There’s no such thing as a “common-law marriage”, and the rules on property, inheritance, pensions and separation can leave a partner in a difficult position.
This guide gives a general overview of cohabitation in Northern Ireland for people over 50: what happens to property if you separate, what happens if your partner dies, pensions and benefits, and the practical steps many couples take to protect each other. It doesn’t give legal or financial advice. The law is complex and every situation is different, so please speak to a solicitor about your own circumstances.
General information, not legal or financial advice
This guide explains how things generally work in the UK so you know what to ask. It is not advice about your situation, and Hearts Again is not a law firm, financial adviser or healthcare provider. Rules differ between England, Wales, Scotland and Northern Ireland and can change. Before you make any decision, speak to a qualified professional:
- a solicitor, for example through the Law Society (England and Wales), the Law Society of Scotland or the Law Society of Northern Ireland, or Citizens Advice for free initial guidance
- a regulated financial adviser (check they are on the FCA Register), or MoneyHelper, the free government-backed money guidance service
- a family law solicitor, for example a member of Resolution, or an accredited mediator through the Family Mediation Council (Scotland: Relationships Scotland)
The short answer
- In Northern Ireland, there's no "common-law marriage". Living together, however long, doesn't give you the rights of a spouse or civil partner.
- If you separate, property is generally divided by who legally owns it. There's no specific law giving cohabitants a claim, so a partner may have to rely on general property and trust law.
- If your partner dies without a will, you don't automatically inherit. A claim may be possible under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 if you lived together for at least two years, but it's limited and strict time limits apply.
- Since 9 February 2023, cohabiting parents receiving Child Benefit may be eligible for Bereavement Support Payment or Widowed Parent's Allowance.
- Wills, cohabitation agreements, declarations of trust and pension nominations are steps many couples consider. A solicitor can explain what suits you.
- The rules in Northern Ireland differ from those in England and Wales and in Scotland.
The “common-law marriage” myth
Many people believe that after a few years together, unmarried couples gain similar rights to married couples. That isn’t the case in Northern Ireland, or anywhere else in the UK. Cohabiting couples have far fewer automatic rights than spouses or civil partners, especially when it comes to property, inheritance and pensions.
This matters particularly in later life, when people often bring homes, savings, pensions and children from previous relationships into a new one.
How Northern Ireland compares
| Issue | Northern Ireland | England and Wales | Scotland |
|---|---|---|---|
| Specific claim on separation | No | No | Yes, limited, with a short time limit |
| Inheritance claim if partner dies without a will | Yes, under the 1979 Order, limited to maintenance, after 2 years living together | Yes, under the 1975 Act, after 2 years living together | Yes, under the Family Law (Scotland) Act 2006, with a short time limit |
| Bereavement benefits for cohabiting parents | Yes, since 9 February 2023 | Yes, since 9 February 2023 | Yes, since 9 February 2023 |
This is a simplified comparison. Our guides to cohabitation rights in England and Wales and cohabitation rights in Scotland explain those systems.
Property and your home
How property is treated depends mainly on how it’s owned.
| How the home is owned | General position |
|---|---|
| In one partner’s sole name | The other partner usually has no automatic share, though they may be able to argue they have an interest in some circumstances |
| Joint tenants | Both own the whole property together. If one dies, it usually passes to the survivor automatically |
| Tenants in common | Each owns a share. If one dies, their share passes under their will or the intestacy rules |
| Rented | Rights depend on whose name is on the tenancy and the type of tenancy |
If you separate
Northern Ireland has no specific law that gives cohabiting partners a financial claim when they separate. In general, each partner keeps what they own. If you’ve contributed to a property that’s in your partner’s name, for example by paying towards the mortgage or improvements, you may be able to argue you have a share, but this can be complicated, uncertain and expensive to pursue. Non-financial contributions, such as looking after the home, are often not recognised in the same way.
If you have children together, child maintenance and arrangements for children are separate matters. A solicitor or advice service can explain how these work.
Moving into a partner’s home
Many later-life couples move into a home one partner already owns. If that’s your plan, it’s worth thinking about what would happen if you separated or your partner died. Without the right arrangements, the partner who moved in may have no right to stay. A solicitor can explain options such as a declaration of trust, a cohabitation agreement or provisions in a will.
Renting together
If you rent, your rights depend on whose name is on the tenancy and what type of tenancy it is. If the tenancy is in one partner’s name only, the other may have limited rights to stay if the couple separates or the tenant dies. Rules on taking over a tenancy differ between social housing, such as Northern Ireland Housing Executive or housing association homes, and private rentals. Housing Rights can explain where you stand.
Joint accounts and debts
Many couples open a joint bank account for shared bills. It’s worth knowing that:
- Money in a joint account is usually treated as belonging to both of you, and either may be able to withdraw it
- Joint debts, such as a joint loan or overdraft, usually make each of you responsible for the whole amount, not just half
- A partner’s sole debts don’t usually become yours just because you live together, though a shared address can sometimes affect credit checks
If you’re combining finances, talk openly about existing debts and agree how you’ll handle shared costs. Advice NI and Citizens Advice can help with money questions.
If one of you needs care
Later-life couples sometimes face the possibility that one partner will need care, at home or in a care home. How care is arranged and paid for can be complex, and the position of an unmarried partner may differ from that of a spouse, for example when it comes to whose income and savings are taken into account, or whether a partner can stay in a shared home. Your local Health and Social Care Trust can explain how care assessments work, and a solicitor or advice service can help with the financial and legal side.
If your partner dies
Without a will
If your partner dies without a will, you don’t automatically inherit under the intestacy rules in Northern Ireland. Their estate is likely to pass to relatives, such as children, parents or siblings. Property you own as joint tenants usually passes to you automatically, but property in your partner’s sole name, or their share as tenants in common, doesn’t.
Making a claim
A surviving cohabitant may be able to apply to court under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979, if you lived together as a couple for at least two years before your partner died. Claims by cohabitants are generally limited to what’s reasonable for maintenance, which is narrower than a spouse’s claim. Strict time limits apply, usually counted from when the grant of representation is issued, so it’s important to get legal advice quickly.
With a will
If your partner made a will including you, you’ll inherit as set out in it. But a will made before you met may not include you at all. That’s one reason many couples review their wills when they start living together.
Our guide to dating after losing a partner you weren’t married to looks at the emotional and practical side of this situation.
Pensions
Whether you’d receive anything from your partner’s pension depends on the scheme’s rules.
- Workplace and personal pensions may pay a survivor’s pension or lump sum to an unmarried partner, but many require you to have been nominated, or to show financial dependence or interdependence
- Nomination forms (sometimes called expression of wish forms) tell the scheme who you’d like to benefit. They’re worth keeping up to date
- The State Pension generally can’t be inherited by an unmarried partner in the same way as by a spouse
Contact the pension scheme to check its rules. Our guide to pensions if you remarry covers some related issues.
Bereavement benefits
From 9 February 2023, Bereavement Support Payment and Widowed Parent’s Allowance in Northern Ireland were extended to cohabiting parents who lived together as a couple when their partner died and who were receiving Child Benefit. Before then, only married couples and civil partners qualified. The Department for Communities and nidirect have details, and an advice service can help you check eligibility.
If you don’t have dependent children, these benefits are unlikely to be available to an unmarried partner.
Tax
Unmarried partners don’t benefit from the tax rules that apply between spouses and civil partners. For example, gifts or inheritances between unmarried partners don’t have the spouse exemption from Inheritance Tax. This can make a big difference if one of you owns a valuable home. A financial adviser or solicitor can explain how this might affect you.
Medical decisions and next of kin
Being someone’s partner doesn’t automatically give you the right to make decisions for them if they lose capacity. Northern Ireland has its own arrangements for powers of attorney, which differ from those in England and Wales. A solicitor can explain what’s available and how to set it up, so that someone you trust can act for you if needed.
Steps couples often consider
Many couples living together in later life take practical steps to protect each other. These include:
- Making or updating wills, to provide for each other and for children from previous relationships
- A cohabitation agreement, setting out who owns what, how bills are shared, and what happens if you separate
- A declaration of trust, recording how a jointly owned or shared property is held
- Checking how property is owned, and whether joint tenancy or tenancy in common suits you
- Updating pension nominations and life insurance beneficiaries
- Arranging powers of attorney
- Thinking about marriage or civil partnership, if legal protection is a priority
A solicitor can advise on which steps suit your situation. Our guides to moving in or buying a home together after 50, protecting your children’s inheritance and whether to remarry or live together explain the general issues.
A checklist before you move in together
Before moving in, many couples find it helps to work through a few questions together:
- Whose home will it be? Will one of you sell, rent out or keep a property?
- How will costs be shared? Mortgage or rent, bills, food and repairs
- What happens if we separate? Who would stay, and who would leave?
- What happens if one of us dies? Would the other be able to stay?
- Have we both made or updated wills?
- Are pension nominations up to date?
- Do we need powers of attorney?
- What do our children need to know?
Writing down your answers, and taking them to a solicitor, can make the legal side quicker and cheaper.
Talking about it as a couple
Money and legal arrangements can feel unromantic to discuss, especially early on. But many couples find that talking openly makes them feel more secure. You might cover:
- Who owns what, and who pays for what
- What would happen if one of you died or became ill
- What each of you wants for your children’s inheritance
- Whether you’d marry, and why or why not
Our guide to money in later-life relationships has conversation ideas.
If you have children from previous relationships
Many people living together in later life have children from earlier marriages. Without a will, your estate may pass to your children rather than your partner, or the reverse. Some couples want to provide for a partner during their lifetime while protecting children’s inheritances. A solicitor can explain options, such as trusts and carefully drafted wills. Our guide to blending families after 50 covers the family side.
Where to get advice
- A solicitor, for advice on wills, property, cohabitation agreements and claims. The Law Society of Northern Ireland can help you find one
- Advice NI and Citizens Advice in Northern Ireland, for free, independent advice on benefits, money and housing
- Housing Rights, for advice on housing and tenancies in Northern Ireland
- nidirect and the Department for Communities, for official information on benefits and bereavement
- Your pension scheme, for its rules on survivors’ benefits
Common situations
“We’ve lived together for 20 years. Surely I have rights?”
Unfortunately, length of time alone doesn’t give you the rights of a spouse. A solicitor can explain your position.
“The house is in his name and we’re splitting up”
Your position may depend on what you’ve contributed and any agreements you made. Get legal advice before agreeing anything.
“My partner died and her children say I have to leave the house”
Get legal advice quickly. Depending on the circumstances, you may be able to make a claim, but time limits apply.
“We don’t want to marry, but we want to protect each other”
Wills, a cohabitation agreement, a declaration of trust and pension nominations are common steps. A solicitor can help.
“We moved from England. Do the same rules apply?”
No. If you live in Northern Ireland, Northern Ireland law generally applies. A local solicitor can explain the differences.
“We’re thinking of selling both our homes and buying one together”
That’s a big decision. A solicitor can explain how to record your respective contributions, for example through a declaration of trust, so each of you is protected.
“My partner has much more money than me”
Talk openly about how costs will be shared, and think about what would happen if you separated or your partner died. Independent advice for each of you can help.
Frequently asked questions
Is there common-law marriage in Northern Ireland?
No. Living together doesn’t give you the same rights as marriage or civil partnership.
What happens to our home if we split up?
It generally depends on who legally owns it. There’s no specific law giving cohabitants a claim on separation.
Can I inherit if my partner dies without a will?
Not automatically. You may be able to make a claim under the 1979 Order if you lived together for at least two years. Get advice quickly.
Can I get bereavement benefits as an unmarried partner?
Since 9 February 2023, cohabiting parents receiving Child Benefit may be eligible. Check nidirect.
How can we protect each other?
Wills, cohabitation agreements, declarations of trust, pension nominations and powers of attorney are common steps.
Where can I get advice?
A solicitor, Advice NI, Citizens Advice in Northern Ireland or Housing Rights.
Related guides
- Cohabitation rights in England and Wales
- Cohabitation rights in Scotland
- Should you remarry or live together?
- Moving in or buying a home together after 50
- Protecting your children’s inheritance
- Dating after losing a partner you weren’t married to
Sources
- Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979.
- Department for Communities NI: bereavement benefits extended to cohabiting parents (9 February 2023).
- Law Society of Northern Ireland; Advice NI; Housing Rights; nidirect.