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Legal matters

Co-habitation "laws" Are there any?

8 replies

Muddle2000 · 29/08/2016 02:06

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

OP posts:
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Just5minswithDacre · 29/08/2016 02:10

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

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fuzzywuzzy · 29/08/2016 02:10

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.

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Collaborate · 29/08/2016 07:38

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.

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babybarrister · 30/08/2016 18:11

This reply has been deleted

Message withdrawn at poster's request.

Collaborate · 30/08/2016 22:36

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.

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babybarrister · 31/08/2016 10:16

This reply has been deleted

Message withdrawn at poster's request.

Collaborate · 01/09/2016 00:08

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

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Hoppinggreen · 01/09/2016 11:25

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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