Contrary to popular belief, unmarried couples who have lived together for a certain period of time do not acquire the same rights as couples who are married or in a civil partnership. Therefore, it cannot be emphasised enough; if you want your partner to inherit your estate when you die, you must make a will. Because if you die “intestate”, without leaving a valid will, your estate will be dealt with according to the Rules of Intestacy, meaning your partner will receive nothing.
Contrary to popular belief, unmarried couples who have lived together for a certain period of time do not acquire the same rights as couples who are married or in a civil partnership. Therefore, it cannot be emphasised enough; if you want your partner to inherit your estate when you die, you must make a will. Because if you die “intestate”, without leaving a valid will, your estate will be dealt with according to the Rules of Intestacy, meaning your partner will receive nothing.
If you have a family law issue and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
There is no such thing as a “common-law spouse”, meaning a partner will not inherit even if they live together and/or have children. Although you may have the right to make a claim against the deceased’s estate, this will hinge on whether you have been cohabiting with them for 2 years or more, or depended financially on them. Here, you may be able to make a claim for a cash sum, the transfer of an asset, or both.
Can I stay in the jointly owned family home?
If you own your home as joint tenants (jointly) then the property will pass onto the surviving partner in its entirety. If you own your home in unequal shares as tenants in common, then the property will be passed onto the beneficiaries in accordance with the deceased’s will, or under the Rules of Intestacy if they do not have one. One problem which may arise is where there is no will and therefore no consideration of the surviving owner remaining in the property. This could cause issues with the beneficiaries if they wish to sell the property and realise their inheritance.
This issue can be resolved within a will as provision can be made for a right of occupation allowing the surviving partner to remain living in the home until a triggering event occurs. Such events include:
- The partner being unable to care for themselves sufficiently within the home
- The partner permanently moving somewhere else, such as with family members or a care home
- The surviving partner’s death
When any of the above events take place, the property is then sold and distributed in accordance with the will.
If your home is rented, then providing the tenancy agreement is in both parties names, the tenancy will continue under the same terms. If the property is rented in the name of your deceased partner, then it may be sensible to contact the landlord and explain the circumstances. The tenancy agreement could then be transferred into your sole name.
The property is in my partner’s sole name. Can I stay in the family home if they die?
If the property is owned in your partner’s sole name, the starting point is no, there are no automatic rights to stay in the property. You may need to consider making a claim against their estate under the Inheritance (Provision for Family and Dependants) Act 1975.
What happens to our shared belongings?
The general rule of thumb relating to the belongings of unmarried couples, is that anything you purchased yourself will belong to you. For those items you bought together, it is not so clear cut, and you will probably have to come to an agreement with the executors or personal representatives. If the deceased has made a will, then the items will be passed in accordance with its terms. Where there is no will, then the estate will go to their children (including illegitimate or adopted children but not step-children) or, in the event they have no children, the order of priority, as set out in law.
Are there any safeguards for unmarried couples?
Unmarried couples can do certain things to protect their partner and any children from the hardship that happens when one partner dies. This includes entering into a cohabitation agreement defining provision of the estate if they die, which if backed up by a will, and life insurance nominating the other person and/or the children as beneficiaries, can go a long way to eliminating any risk. You can see more information here on cohabitation agreements and how they can help.
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