Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Cohabitants definition

What does Cohabitants mean? Cohabitants are two adults who live together as a couple in one household without being married to each other or in a civil partnership. The term covers both opposite-sex and same-sex couples and is assessed by the factual nature of the relationship. There is no single UK- or Ireland-wide definition. In England and Wales, and in Northern Ireland, meaning varies by statute and context, with courts asking whether the couple lived together “as if spouses or civil partners”, considering factors such as duration and stability of the relationship, shared residence, finances, domestic arrangements and any children. Some legislation sets a minimum...

Cohabitants’ rights on death: tenancies, tax, intestacy, family provision, pensions, bereavement benefits and fatal accidents - contrasts with spouses/civil partners

Published by a LexisNexis Family expert

Practice notes

Cohabiting partners typically do not enjoy the same rights as a spouse or civil partner when their partner dies, regardless of relationship length or whether the couple are same- or opposite-sex. This Practice Note highlights how a cohabitant’s entitlements on a partner’s death differ from those of a spouse or civil partner in relation to tenancies, tax, intestacy, pensions, bereavement benefits and fatal accidents. See also Practice Notes: Family provision claims—the cohabitant and Family provision claims—practice and procedure.

Tenancies

A cohabitant, spouse or civil partner is equally able to succeed to:

a protected agricultural occupancy under the Rent (Agriculture) Act 1976
a regulated tenancy under the Rent Act 1977
an assured tenancy under the Housing Act 1988
a Secure tenancy under the Housing Act 1985, which may carry conditions for pre-1 April 2012 tenancies

See also Practice Note: Occupation of the family home—Cohabitants.

Tax

On death, the disadvantages of the tax position for cohabitants may become clear. There is no equivalent to the spousal/civil partner Inheritance tax (IHT) exemption. Accordingly, a bequest or lifetime transfer...

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Web page updated on 21/05/2026

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