To not understand what's wrong with buying a house with someone your not married to?

[smudgedlipstick]

Am I missing something? I have seen and followed a fair few threads on here about people who want to be married but are not, and there is always comments about them being unprotected and at risk. I am in the process of buying a house with my partner, we both work although I work part time, we have a child together and plan to have more in the future. We are both very happy although of course I would like to get married at some point. What am I missing? Is there something terrible that I don't know that will happen if we split after we own a home together?

Property law only will apply, not divorce law. Meaning that instead of a fair division of assets, the strict legal rights apply. So if you have not contributed financially out of your bank account to half of the mortgage, you will not be entitled to half of the house (and certainly not to remain in it with the children(.

Obviously a married couple have marriage rights on divorce and everyone else, whether business partners, friends, family or whatever do not have the same rights as a married couple.

Common law marriage does not exist in law.

I think that some of my points may have been covered by posters while I was writing this. Apologies for any duplication.

Lurk
You may well have answers to the following points. If so - genuinely - I'd be pleased to know:

Re occupancy after split with co-habiting partner: "If your ex-partner owns the family home in their name alone, you do not have an automatic legal right to remain there....if your name is on the mortgage, you’re liable for the whole debt, even if it’s a joint mortgage with others." www.moneyadviceservice.org.uk/en/articles/protecting-your-home-ownership-rights-during-separation

A registrar's office wedding can cost no more than around £200 in fees etc. Are you honestly saying that a decent solicitor would charge only that for drawing up and executing a formal pre-marriage agreement or marriage-based trust deed involving children? If so, let's hear the name of the firm.

Ad far as I know, anyone, married or unmarried can change a will unilaterally, without informing anyone else, whether their partner or their spouse. However, if they are married, their spouse has certain rights over their estate, whether or not the deceased left a will and whatever that will says: www.citizensadvice.org.uk/family/death-and-wills/wills/ These rights cannot be over-ridden. If a couple are not married, these rights do not automatically apply.

When anyone dies, married or not, their estate is liable for their debts. Not their unmarried partner or their spouse, though any debts will obviously be deducted from the sum they will eventually inherit. Simple explanation here: www.saga.co.uk/magazine/money/personal-finance/inheritance/what-happens-to-debt-when-someone-dies

Inheritance tax: It' s the value of the estate, not the house. Generally, the estate is liable for the tax if a spouse/civil partner does not inherit. There is a higher threshold before tax applies if the estate is left to the deceased's children.

Re trusts. Yes they can work but there are limitations and they are not cheap to set up. Nor are they suitable for all circumstances.www.thewillpractice.co.uk/property-trusts.html

What's all this - genuinely puzzled - about 'the courts' taking over? As many of use have said, there are clear rules about what happens to property during and after the break-up of a marriage, civil partnership or co-habitation. These rules are well-known and well established. It's sensible for anyone entering into a major financial comittment with anyone else to check them out and/or get proper legal advice.

If your ex-partner owns the family home in their name alone, you do not have an automatic legal right to remain there
Please point out where I said that you would do. How is this relevant to OP who is buying a house with her partner in joint names?
if your name is on the mortgage, you’re liable for the whole debt, even if it’s a joint mortgage with others
Not many lenders who would offer a mortgage to someone who is not a house owner, unless you’re acting as a guarantor. My point was in relation to the poster who seemed to think that your responsibility for the mortgage was somehow magically different if you were married
Are you honestly saying that a decent solicitor would charge only that for drawing up and executing a formal pre-marriage agreement or marriage-based trust deed involving children?
I’m saying that with a joint house purchase and separate savings, OP needs a will and possibly a deed of trust to ratify the basis of the house ownership. No reason for these to be expensive. I have had deeds of trust and they run to a couple of pages. If you are not getting married why do you need a pre marriage agreement?
if they are married, their spouse has certain rights over their estate, whether or not the deceased left a will
There is another recent thread on this. In England and Wales the spouse would have to take legal action to contest the will if it was left to another party
When anyone dies, married or not, their estate is liable for their debts
Again, I am missing the part where I said otherwise
Inheritance tax: It' s the value of the estate, not the house
I was quoting other posters who were saying that if the house was worth more than £325k there was IHT. I said in my post “assuming other assets” to keep it simple. Clearly not simple enough for you
there are clear rules about what happens to property during and after the break-up of a marriage
Do you honestly think this? In England and Wales? If there were clear rules as to the allocation of property of a marriage why would we need divorce representation, mediation and judge’s rulings. If you get divorced and you can’t agree how to split the assets, perhaps despite mediation, the court will decide for you.
If you own your house as tenants in common say with equal shares and are unmarried it’s quite simply half yours if you split up. Ideally if you have a deed of trust it will set out what happens, who can buy who out, how it can be valued etc which makes it even easier.

*assuming no other assets

Abuse is no argument. I'm out of this.

Sorry Flora if you felt I was a bit harsh. I just get a bit over all the "getting married is a universal panacea" misinformed comments

Not married and long term partner dies with no children his parents or siblings are next of kin if no will.

I have experience with clients whose long term partner dies suddenly the surving person did not have a good relationship with the actually next of kin and was evicted from their home of 15 years (they were not married not named on deeds + no will) so the parents who strongly disliked my client she was swiftly evicted and house was sold as the house reverted to the parents of the deceased.

So i strongly recommend you get either married or make wills no matter your age make a will espically if your not married i can not recommend this any stronger.

Flora agree more.

Really make students understand this. From bothsides

There are two ways of owning joint property, either as joint tenants or tenants in common. If you choose to own as joint tenants (which is normal for married couples) then if one of you dies their share in the property automatically passes to the survivor. If you own as tenants in common your partner can leave his share to who he wants in his will, or it will go via the intestacy rules if no will.
Married couples don’t pay inheritance tax when the first to die’s property passes to the surviving spouse.
If you separate and you can’t afford to buy him out of your property you can make an application under schedule one of the children act to stay in the property for the benefit of your children but this will be for a short time. You have much better protections (for property orders on divorce and spousal maintenance) if you are married. As Women’s roles in the home are still massively undervalued in general, it is better for women who have children to be married