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Co-habitation "laws" Are there any?

(9 Posts)
Muddle2000 Mon 29-Aug-16 02:06:53

My uncle who is 82 has lived with his partner for 30 years. The house etc
is hers and there is no way she could have run the place so well without
his practical help .
He has no money to remain in the house if say she had to go into care and
has so far refused to make a "living will".
What is he entitled to

Just5minswithDacre Mon 29-Aug-16 02:10:27

I think the country will make a difference. Scotland has different cohabitation laws, but I don't know the details.

fuzzywuzzy Mon 29-Aug-16 02:10:28

Nothing I would think. If they're not married and he does not legally own a share of the house.

He should speak to cab to find out for sure.

Collaborate Mon 29-Aug-16 07:38:45

She won't be forced to sell the house if she goes in to a nursing home but he still needs it for a home.

If she fails to make adequate financial provision for her in her will (and under intestacy rules he'd get nothing) he can bring a claim against her estate under the Inheritance Act for reasonable financial provision.

This applies to England and Wales. Separate rules may apply elsewhere.

babybarrister Tue 30-Aug-16 18:11:57

agree with collaborate - problem is that whilst she is still living the LA may or may not insist on a sale if she is in a care home ....

Collaborate Tue 30-Aug-16 22:36:27

According to this www.ageuk.org.uk/home-and-care/social-care-how-much-do-you-really-know/ if there is a partner still living in the home it is exempt from the residential care means test.

babybarrister Wed 31-Aug-16 10:16:06

Thanks - Collaborate - good to know!

Collaborate Thu 01-Sep-16 00:08:17

Having a wife who is a trust and estate practitioner has its uses(!)

Hoppinggreen Thu 01-Sep-16 11:25:20

My mum has just discovered that if her partners goes into a nursing home despite them not being married and him having wealthy children the council could try and get a charge on her house ( where he lives) so that Might be something to also consider.

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