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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To wonder why there isn’t public outrage about this?

873 replies

Blusterylimp · 30/01/2025 12:23

If a couple isn’t married but own their property between them, the surviving one will need to pay inheritance tax on their partners half of the house (and other assets) if they die.
Effectively they will lose their home to pay the IHT unless they also have huge savings.
How can that be allowed in this day and age when so many couples cohabit without getting married?

OP posts:
Thread gallery
12
NordicwithTeen · 30/01/2025 15:58

Blusterylimp · 30/01/2025 15:41

A lot of the replies are effectively “because that’s the way it is”
No one has explained why the joint home couldn’t be excluded for IHT purposes for cohabiting couples to avoid the situation where the surviving partner had to sell their home to pay the IHT.

This could be limited to properties which were owned as joint tenants so it wouldn’t impact people who hadn’t decided to leave their half to their partners (for example if they wanted their DC to inherit their half of the house)

I wouldn’t be proposing that the rest of the dying partners assets were excluded from IHT so the tax treatment would still be different to that for married couples and those in a civil partnership.

I think there should be exemptions. I'm not interested in having a partner but I am looking at this from the pov my kids lose out on effectively something that kids of married couples benefit from. I think if the family lives in the house (dependants of the deceased) they should be allowed a 2 year period to pay IHT. This gives them a chance to find a new place to live (schools etc to be found in an area that would be affordable given they have no savings left), sell the property without a rush potentially not getting full market value, and to grieve the parent that has been lost. In 2 years they might even be able to pay it off without having to sell. People having to make life changing decisions at a time of grief and financial hardship is surely just ensuring bad choices.

saraclara · 30/01/2025 15:58

Another2Cats · 30/01/2025 15:51

Sorry, but you're mistaken about that. It doesn't work that way.

My apologies. I have recently 'inherited' a property owned with my late mother as joint tenants and there was never any mention of it being subject to inheritance tax when I spoke to my solicitor.

There are far more pressing issues with my mum's affairs though, so it will probably come up later.

Sorry for the confusion @Blusterylimp

Another2Cats · 30/01/2025 15:59

nearlylovemyusername · 30/01/2025 12:37

Or even better - parents married, children can receive 1m inheritance tax free. Parents divorced, or a single parent, IHT free amount is only 500k.

You appear to be missing the point that the £1 million figure is based on two parents - so they each leave £500k.

"Parents divorced, or a single parent, IHT free amount is only 500k."

There's no difference. If the parents are divorced then they can each leave up to £500k to their children making £1 million.

Likewise with a single parent. Unless the children were adopted, or born through artificial insemination from an anonymous donor etc, then even with a single parent there is also going to be a mother/father of the child as well. So, again, you have two parents who can each leave up £500k to their children making £1 million.

Blusterylimp · 30/01/2025 16:00

IMustDoMoreExercise · 30/01/2025 15:53

The OP is talking about IHT, not who will inherit.

Even if someone is married, they can leave their estate to their wider family, they don't need to leave it to their spouse.

Exactly, and I am only talking about the situation where the partner is leaving his share of the shared home to his partner. In that case, I think it should be free of IHT even if the rest of the assets were still subject to IHT because they were not married or in a civil partnership.
It isn’t really such an outrageous suggestion especially as a lot of posters are under the incorrect impression that this is already the case for joint tenants.
And it wouldn’t affect partners who didn’t want their partner to inherit their share of their home.

OP posts:
Bjorkdidit · 30/01/2025 16:00

Arseynal · 30/01/2025 15:52

If unmarried people are to be treated as married under the law then there needs to be an opt out for people who don’t want that. I’ve lived with several people, romantically and not, who I didn’t want to be tied to legally and financially. People should be allowed to have lodgers, move in boyfriends, have down on their luck friends to stay for the medium or long term without suddenly having those people inherit from them after switching their life support off.

I’m married to my dcs father. If I’m widowed or divorced I think it’s unlikely I will marry again as I want to protect my assets for my dc. I do want to option of cohabiting without it meaning more than that and I certainly don’t want a lodger, friend or carer having a claim on my estate because they’ve lived in my house for 5 minutes. Personally I prefer the “opt in” system of marriage and I don’t think it onerous to take 30 minutes out of your day to sign some forms in front of an official. The system is already under massive abuse, mostly from visa false marriages but there have also been cases where men have married elderly dementia patients and inherited their houses. Putting the system online because people cba to do it in person would be a safeguarding fail imo.

Edited

Exactly, it costs £150 (so very cheap, you're not going to get any significant work out of a solicitor or other official for less) to get married or enter into a civil partnership and solve the issue you're concerned about OP and all you have to do is go along to the register office to do this.

If the inheritance rules changed to include people who'd not officially declared their relationship like this, you'd have lodgers and all manner of other people staking a claim on people's assets.

Or if you could sign up online to something that gave you the rights of being married without any of the responsibilities like a PP suggested, how long would it be before all the reports illustrated by sad faces started to emerge, from people who'd not read the T&Cs and signed up to something that turned out to not be what they thought it was?

Guineapiggywiggy · 30/01/2025 16:01

toomuchfaff · 30/01/2025 12:28

Then they need to transfer the house so its owned as "tenants in common"

That doesn't sort it out. The assets cannot be left to anyone else, but IHT is still applied.

nearlylovemyusername · 30/01/2025 16:02

Another2Cats · 30/01/2025 15:59

You appear to be missing the point that the £1 million figure is based on two parents - so they each leave £500k.

"Parents divorced, or a single parent, IHT free amount is only 500k."

There's no difference. If the parents are divorced then they can each leave up to £500k to their children making £1 million.

Likewise with a single parent. Unless the children were adopted, or born through artificial insemination from an anonymous donor etc, then even with a single parent there is also going to be a mother/father of the child as well. So, again, you have two parents who can each leave up £500k to their children making £1 million.

I'm not missing a point.

Married parents, one high earner / received inheritance/whatever, another one SAHP, no wealth. They jointly can pass on 1m.

Unmarried parents, same scenario - only 500k.

Blusterylimp · 30/01/2025 16:02

Greyish2025 · 30/01/2025 15:56

Most divorced people who are in these types of situation also loved their partners and thought the world of them at some point but once you separate everything changes
You could possibly see a different side to Mr / Mrs nice guy especially when lawyers are involved

Yes, that is the risk especially if a new partner was on the scene.

OP posts:
NordicwithTeen · 30/01/2025 16:02

Another2Cats · 30/01/2025 15:59

You appear to be missing the point that the £1 million figure is based on two parents - so they each leave £500k.

"Parents divorced, or a single parent, IHT free amount is only 500k."

There's no difference. If the parents are divorced then they can each leave up to £500k to their children making £1 million.

Likewise with a single parent. Unless the children were adopted, or born through artificial insemination from an anonymous donor etc, then even with a single parent there is also going to be a mother/father of the child as well. So, again, you have two parents who can each leave up £500k to their children making £1 million.

The 2nd parent isn't always thinking about IHT for children though. The mere fact so many men don't even pay maintenance shows this!

anothermnuser123 · 30/01/2025 16:04

Some people seem to be failing to grasp that the point of not paying IHT if you are married is because finances to a degree are seen as joint, which is why if you split, assets are split.

You cant therefore get the benefits of IHT but then ask for the ability to have separate finances in the case of a split, that just wouldnt make sense. Your finances are tied or they arent, you cant get to pick and choose the best options in both scenarios.

If you want to keep separate finances in case of a split great, but then you are liable for IHT the same as any other family member that would inherit. If you join your finances, there is a risk if you split.

Basically people on this thread seem to want to pick the benefits of each option without a drawback but they are 2 different things for different reasons. Your finances are tied together or they arent, they cant just be when it would benefit you and separate when that works better too.

Fedupmumofadultsons · 30/01/2025 16:04

Blusterylimp · 30/01/2025 12:23

If a couple isn’t married but own their property between them, the surviving one will need to pay inheritance tax on their partners half of the house (and other assets) if they die.
Effectively they will lose their home to pay the IHT unless they also have huge savings.
How can that be allowed in this day and age when so many couples cohabit without getting married?

Why would you be outraged you don't want to play buy the rules fine your choice but you cannot have the benefits then .it's a tax break for married people just like any contract you get benefits. Marriage is more than a nice dress and day .it helps both partners financially. Projects women in divorce. And more importantly for some makes there children legitimate .important if there is big inheritance at stake

1apenny2apenny · 30/01/2025 16:05

Another poster who wants the ability to keep things separate. I acknowledge it's not as beneficial for IHT however that just means reducing my estate and having a will.

I want my share of my home etc to go to DC. There's too much risk that if I die first DP may marry and then my children lose out. And yes this is despite the fact they are his children too.

Another2Cats · 30/01/2025 16:05

Blusterylimp · 30/01/2025 12:40

Thanks, I was getting confused about that. Hopefully, our solicitor advised us correctly about that when we purchased the house. I’ll check the paperwork.
It’s not so bad to just have to pay IHT on savings then.

What @saraclara said is simply incorrect.

If you own a home as joint tenants rather than as tenants in common then, on the death of one person, the home automatically goes to the survivor regardless of having a will or not.

The same happens with joint bank accounts.

But this does not mean that it is excluded from IHT. It is only excluded from IHT if the survivor is the spouse or civil partner of the person who has died.

justteanbiscuits · 30/01/2025 16:06

Blusterylimp · 30/01/2025 15:21

A large number of properties including ours are worth way more than £650k these days.

But you will only pay IHT on everything over £325k on half.

So, house worth £800k? You pay IHT on £75k (so half of £800k is £400k, minus the £325 allowance).

justteanbiscuits · 30/01/2025 16:07

1apenny2apenny · 30/01/2025 16:05

Another poster who wants the ability to keep things separate. I acknowledge it's not as beneficial for IHT however that just means reducing my estate and having a will.

I want my share of my home etc to go to DC. There's too much risk that if I die first DP may marry and then my children lose out. And yes this is despite the fact they are his children too.

having a will doesn't affect IHT

SerendipityJane · 30/01/2025 16:08

Blusterylimp · 30/01/2025 15:53

It’s quite funny that people are saying that I must be stupid for not knowing this and then multiple posters are quoting totally incorrect information about joint tenants/tenants in common.
There is a lot of confusion about IHT rules.

I don't think you are stupid for not knowing this at all. Not everyone can know everything. And it's never better to remain ignorant than learn - no matter how when or why.

However it's not your lack of stupidity that is being picked up on here. It's your view that the situation is (a) an outrage and (b) everyone who doesn't see the outrage is somehow not getting your point (because if they did, they would then be similarly outraged).

As I have suggested before, if you are that outraged, then the past three and a half hours might have been better employed drafting a petition calling for a change in the fundamental concept of civil marriage and directing us to sign it to correct this terrible injustice that has been perpetuated since time immemorial. If enough people agree we could do this !

Marshbird · 30/01/2025 16:09

Blusterylimp · 30/01/2025 12:25

I’ve only just realised this myself and I am usually very financially savvy.

Sorry, but if you think you’re financially “savvy” and didn’t know this AND all the other tax and legal advantages of marriage, you’re deluding yourself.
yep, education on the legal and financial implications of marriage is not on school curriculum and as in other recent posts on cohabitation rights, it should be.
its one thing to say you didn’t know,myoure not alone. But more worrying you’re deluded at your level of knowledge.

NordicwithTeen · 30/01/2025 16:11

Fedupmumofadultsons · 30/01/2025 16:04

Why would you be outraged you don't want to play buy the rules fine your choice but you cannot have the benefits then .it's a tax break for married people just like any contract you get benefits. Marriage is more than a nice dress and day .it helps both partners financially. Projects women in divorce. And more importantly for some makes there children legitimate .important if there is big inheritance at stake

Only if it is the man who has the inheritance £ though. If the woman has £, gets married and he leaves her with the kids and takes half in the divorce, she still loses out and also has kids to look after with no chance of even keeping the house to pass down without it being taken away from them in IHT.

BatchCookBabe · 30/01/2025 16:11

YABU. As has been said by many posters, if you want the protection that marriage brings then get married. You can get married for pennies ... You don't have to have a wedding/a big fancy do.

Don't get married by all means, but don't complain about not having the same rights as married couples! Why should you?!

Bjorkdidit · 30/01/2025 16:12

justteanbiscuits · 30/01/2025 16:06

But you will only pay IHT on everything over £325k on half.

So, house worth £800k? You pay IHT on £75k (so half of £800k is £400k, minus the £325 allowance).

Exactly. So 40% of £75k, ie £30k.

I don't understand the concern about 'losing the house'.

If you can't pay straight away, you can spread it over 10 years.

You can remortgage to release money that way - you own a house worth £800k, which is a huge amount of money, despite what MN seems to think.

If you're not in a position where you can take out a relatively small mortgage, it would have been recommended you take out life insurance to cover the potential tax liability.

Or you can make the whole problem go away for £150 at the register office by entering into a civil partnership or getting married.

Who's losing houses over all this?

MayaPinion · 30/01/2025 16:13

Strip away the big dress and overpriced cake and that what you’re left with. Marriage is nothing more than a legal contract conferring rights and responsibilities over assets. That’s why.

BunnyLake · 30/01/2025 16:13

toomuchfaff · 30/01/2025 12:28

Then they need to transfer the house so its owned as "tenants in common"

Phew. That’s what I have.

anniegun · 30/01/2025 16:14

Blusterylimp · 30/01/2025 12:55

I didn’t realise heterosexual couples could choose a civil partnership.

I am getting the feeling there is a lot you do not know. Have you looked up your state pension starting date? (It is not 60)

SerendipityJane · 30/01/2025 16:15

MayaPinion · 30/01/2025 16:13

Strip away the big dress and overpriced cake and that what you’re left with. Marriage is nothing more than a legal contract conferring rights and responsibilities over assets. That’s why.

and that is all it has ever been.

NordicwithTeen · 30/01/2025 16:16

Bjorkdidit · 30/01/2025 16:12

Exactly. So 40% of £75k, ie £30k.

I don't understand the concern about 'losing the house'.

If you can't pay straight away, you can spread it over 10 years.

You can remortgage to release money that way - you own a house worth £800k, which is a huge amount of money, despite what MN seems to think.

If you're not in a position where you can take out a relatively small mortgage, it would have been recommended you take out life insurance to cover the potential tax liability.

Or you can make the whole problem go away for £150 at the register office by entering into a civil partnership or getting married.

Who's losing houses over all this?

You have to pay IHT within 6 months of death. Where are you seeing 10 years?!