Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Common in law wife? And wills

220 replies

harvester77 · 27/12/2017 10:34

Having a conversation over Xmas with family members and they asked if my other half has done a will. We have 3 kids and his house in his name on mortgage but he said if anything happened to him in to sell the house as it's mostly paid off and get the money. But if he hasn't done a will is it possible his other family could go for the the money? What would happen to us and the kids? We don't believe in marriage a s never crossed my mind but I'm unsure of what really would happen of someone happens to him? God forbid. Thank you

OP posts:
monkeysox · 27/12/2017 10:37

Unless you are married you have no claim. No such thing as common law wife.

YouFightLikeADairyFarmer · 27/12/2017 10:38

Not to scare you, but if your name isn't on the deeds, you're not married and there's no will, you'd be entitled to nothing.

www.gov.uk/inherits-someone-dies-without-will

Tell him to make a will. You don't need an expensive lawyer to do so.

dementedpixie · 27/12/2017 10:38

There is no such thing as a common law wife. If something happened to him you would be entitled to nothing and the assets would likely go to the children (assuming they are his). You don't really have the right to anything in the absence of a will

Margomyhero · 27/12/2017 10:39

You need to both write wills. Also get married and/or put the house in both your names.

Protect yourself and your children.

LemonShark · 27/12/2017 10:39

Yeah you'd have zero claim to the house sadly. There's no such thing as common law spouse in English law. You need wills asap or to get married.

megletthesecond · 27/12/2017 10:39

If he has no will and you're not married your not entitled to anything I'm afraid. Common law wife doesn't exist.

WeAllHaveWings · 27/12/2017 10:39

You have no legal status as a "common law wife". Get married or get to a solicitor and sort out your legal affairs.

BarbarianMum · 27/12/2017 10:40

If he dies his assets will go to his next of kin - to his children first, then his parents, then any siblings. You would not inherit.

Whirlytastic · 27/12/2017 10:41

'Common law wife' is not a thing. You need legal protection, and definitely he needs to make a will that names you and the children. Otherwise the likelihood is that you'd lose your home. In any event, it would be super-stressful. Why not get it sorted immediately in the new year? It's all very well being against the idea of marriage, but if you want the same protection you'd get as a wife, you need to act.

nevereverever83 · 27/12/2017 10:41

Assuming you are in Enfland (it might differ in Scotland etc. -- not sure) there is no such thing as a common law wife. If he dies intestate and you are not married then his (your?) children will inherit the house.

You can check the rules for intestacy here:

www.gov.uk/inherits-someone-dies-without-will

Shoxfordian · 27/12/2017 10:42

You have no status or rights as common law wife; it doesn't exist

He could leave you the house in his will but you'd be subject to inheritance tax, if assets exceed £325k when he died.

Much easier to get married and then no inheritance tax plus you're next of kin so automatically inherit

SleepingInYourFlowerbed · 27/12/2017 10:42

As all the others have said, there's no such thing as common law wife. Marriage is a legal contract between two people so I'm not sure what there is to not believe in.

honeylulu · 27/12/2017 10:43

The mortgage being in his name is a red herring. Are you both on the deeds?

You mention "other family" - did you mean he has children from a previous relationship? If so he would be entirely correct to make provision for them (and his children with you) and not leave everything to you.

Is he still legally married to someone else? If so and he doesn't make a will and you're not on the deeds then you and your children are stuffed if he kicks the bucket.

He really ought to make a will to ensure his assets are distributed as he intends. There is no point telling you to just sell the house. If you're not on the deeds you can't and under the intestacy rules, of you are not married to him you're a nobody. Sorry to be blunt.

ButteredScone · 27/12/2017 10:43

Why aren't you married?

Just get a marriage licence and both sign it and you will be protected.

Merryoldgoat · 27/12/2017 10:43

What do you mean you 'don't believe in marriage'?

It's not Father Christmas - it's is a legal contract and ceremony that actually exists and confers not easily replicated legal rights.

Common-law spouses are things of fiction in the UK. Even if he makes a will naming you his beneficiary you'll be liable for Inheritance Tax (depending on the estate's value).

HeckyPeck · 27/12/2017 10:43

He needs to do a will ASAP if he want and the house to go to you.

If your in England, the house would go to the children. You wouldn't have a claim on anything.

It can also be a long, drawn out process when someone dies without a will.

I know you don't believe in marriage but the fact is it is the easiest and most thorough way to protect yourself, and your children should the worst happen.

kaytee87 · 27/12/2017 10:43

You wouldn't inherit anything. To have the protections of marriage, you need to get married.

chantico · 27/12/2017 10:44

What jurisdiction do you live in?

Basically if in England you have very few rights. His DC (all of them) would inherit a share, as would anyone to whom he was married at time of death.

You wouldn't automatically inherit anything (and you would certainly be unable to sell the house as it is not yours to sell) though if you can demonstrate you were dependent at the time of death you might be able to get something from his estate.

You would not necessarily get any part of his occupational pension - unless it permits payout to a non-marital cohabitant (some older ones don't) %and^ he has nominated you as beneficiary. You will be ineligible for any state bereavement payments.

PeppaPigTastesLikeBacon · 27/12/2017 10:45

You would get nothing unless his family give it to you.
I’m not married so I’m not preaching but your best way to get protected is through marriage. You wouldn’t have to pay inheritance tax for the house etc if you are married (I think).
Definitely get a will made or get yourself on the deeds to the house

lalalalyra · 27/12/2017 10:45

When you say "other family" what do you mean? Do you mean siblings or do you mean ex-wife, other children?

You have absolutely no claim on anything right now. There is no such legal position as common law wife. You are either his wife, or you are not and you are not.

So, assuming no other children, his estate would go to his children. Not you.

Also, just so you know, you wouldn't be entitled to bereavement benefits. At the moment as you have children and your dp is under retirement age that would be £350 a month (regardless of income) for 18 months and a £3500 lump sum.

He needs to make a will as a very minimum. That won't help with everything, but it would give you the house at least.

kaytee87 · 27/12/2017 10:46

Op someone I know 'didn't believe in marriage'. Her partner died prematurely and his estranged wife inherited. Obviously didn't believe in divorce either.

lalalalyra · 27/12/2017 10:47

You wouldn't have the benefit of the spousal sharing of inheritance tax though. So if the estate is work more than 325k you'd have to sell the house to pay IT.

He currently has you and the children in a beds vulnerable position if anything happens to him.

Freshprincess · 27/12/2017 10:47

Happened to a neighbour of mine. She sold her house to move in with him and spent a fair chunk of the proceeds renovating his house. He died suddenly and she had to move out when his daughter sold the house.
Marriage isn't just a piece of paper.

TheOnlyLivingBoyInNewCross · 27/12/2017 10:47

As you stand in your current situation, you’re not entitled to anything. If he dies intestate everything goes to his next of kin - which is not you.

And agree with a pp about “not believing in marriage” - it’s not like unicorns or magic. It’s a legal way of protecting you and your children and you’re a fool if you don’t believe that that’s necessary.

kaytee87 · 27/12/2017 10:47

It's the same in Scotland. No 'common law' marriage exists. I don't even know where the term came from.

Swipe left for the next trending thread