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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
Guineapiggywiggy · 30/01/2025 16:43

Greyish2025 · 30/01/2025 16:34

Actually agree, I said something similar earlier, but I suppose some people can’t always afford legal advice or maybe time slips by and it’s put on the long finger and then actually never happens

The issue I have with this site is that so many posts of absolute nonsense are spouted like fact. The people offering advice have no qualifications beyond they are absolutely sure they 'know'. In most complicated situations there are many 'ah yeah buts' and I suppose all of us have to accept that we may have known something but things change. Unless it's an area of professional expertise, I'm afraid I count most people as knowing fuck all (of use), because they don't know, they just think they do.

We have an office 'pop quiz', Tricky technical detail asked of the whole room, the only difference is you can only answer if you're prepared to be sued and lose your job over it.

I for one volunteer at citizens advice, I'd start there is I needed advice but couldn't pay.

I think the OP is raising a really good point and shocking that most people on here don't know this.

Guineapiggywiggy · 30/01/2025 16:45

NordicwithTeen · 30/01/2025 16:38

Yes, I get there would be interest but from the website it suggests houses are privvy to this rule. I understand the probate solicitor I saw may have been thinking there was no point in going over values as the market may change, but really that should be done by them when a Will is made to ensure full planning of assets can be made, surely?

I agree they should highlight this sort of thing. I've prevented someone taking out a massive insurance policy before to pay for IHT in 6 months when actually they had 10 years. As with anything there is good professional advice, and poor.

I'd almost be prepared to complain so they include it for future clients, it's an important point

Applesonthelawn · 30/01/2025 16:47

Just get married fgs. Makes everything so much easier. Reeves is never going to change this in your favour even if everyone really were to be outraged. I love my DH dearly but it isn't the legal marriage that makes us committed. The legal marriage is a financial transaction to avoid IHT. We've taken other steps to avoid IHT for the kids (as much as possible so far - she'll be changing the rules again I imagine). Just accept there are some things you can't change and work with them. Good that you are informed though.

Hwi · 30/01/2025 16:47

Blusterylimp · 30/01/2025 12:25

Might be easily solvable but a lot of couples don’t want to get married.

No, it is not 'a lot of couples don't want to get married', it is 'one partner in a couple does not want to get married, usually a higher earner'.

Guineapiggywiggy · 30/01/2025 16:47

maddening · 30/01/2025 16:33

What if you are joint tenants on your owned property? As the property never forms part of an estate so surely it can't be subject to iht?

ALL estates are assessed for IHT, those that are passed to married partners carry 100% exemption. The ownership structure doesn't make any difference to IHT, only the ability to bequeath the asset

LondonLawyer · 30/01/2025 16:48

Likewhatever · 30/01/2025 14:13

Marriage is all about the contract. The ceremony is just to recognise the seriousness of the commitment.

No marriage, no commitment

There are other commitments. An unmarried couple can (for example) arrange their financial affairs so that they are committed, all investments / savings / etc held jointly, or on trust for each other. Those commitments don't neccessarily affect IHT, though.

Blusterylimp · 30/01/2025 16:48

Grammarnut · 30/01/2025 16:35

Emojis don't stop your daftness. If you have only just discovered that marriage is a thing, a legal contract, then you are not as bright as you think you are. I don't have an IQ of 157 (at least I don't know) but I understand what marriage or a civil partnership are.

🤣🤣🤣🤣🤣

OP posts:
IlCommissarioMontalbano · 30/01/2025 16:48

BaronessEllarawrosaurus · 30/01/2025 12:25

There is a legal process to avoid it happening. It's called get married or have a civil partnership.

This ^^

DeepFatFried · 30/01/2025 16:48

Grammarnut · 30/01/2025 16:41

I'm not sure that's true. Some have discovered that their partner cannot visit in hospital, have any say in what is happening, because they are not next of kin and there is no legal arrangement.

If that happens it is because the person did not state or specify who they consider to have NoK status, or wish to visit etc. If they put on their notes that their partner, friend or whoever is their emergency contact, the person they wish to be informed etc, then that is who the hospital will treat as NoK. If they don't, and if the patient has specified, then fight for the rights!

https://www.thegazette.co.uk/wills-and-probate/content/104016

LondonLawyer · 30/01/2025 16:49

Hwi · 30/01/2025 16:47

No, it is not 'a lot of couples don't want to get married', it is 'one partner in a couple does not want to get married, usually a higher earner'.

There are some couples where, genuinely, neither's bothered. Although I agree there are a fair number of your type, too!

heyhopotato · 30/01/2025 16:49

TheEllisGreyMethod · 30/01/2025 16:30

Why do so many people make the huge commitment of ownership or having kids without the security of marriage? Especially when you can just pop to a registry office.

Because I don't want to be owned by a man.

I am mixed race, any time I visited my home country with my partner I would be considered his property and I wouldn't be allowed to leave the house without him.

LiquoriceAllsorts2 · 30/01/2025 16:51

If you want the benefits of marriage /civil partnership then they are available to you by getting married/civil partnered.

the problem is how would you define who would be eligible versus who wouldn’t if you don’t have a legal agreement.

Hwi · 30/01/2025 16:51

Come on, you know the spiel. It is in the interest of public morality - a married stable union is best for the members of that union, offspring of that union and for the state, as it contributes to the stability. Why should the state encourage further moral decay by affording the same rights to sex partners as to a recognised union? That is why any murmurs of discontent are not encouraged by the state and hushed up.

OwlsDance · 30/01/2025 16:52

BloominNora · 30/01/2025 15:57

You only need to pay IHT if half of the property value plus any other assets (savings etc) adds up to more than £325,000.

Joint tenants means that house passes to the survivor rather than next of kin, if there is no will but does not protect from inheritance tax.

If you are joint tenants then the surviving partner inherits the house fully - but if there is not a will, then any other assets (belongings, money, investments, pensions etc) will pass to the next of kin (children, parents, siblings, uncles and aunts, cousins - in that order).

If you really don't want to get married or enter a civil partnership and want each other to inherit everything, make sure you have valid wills and power of attorney in place for health and finances so you can make decisions for each other and just accept that you will have to pay IHT on anything over the £325 000

the PoA thing is probably the most important - a lot of people get wills, but overlook the power of attorney thing - if you are unmarried without a power of attorney and something happens which means you do not have capacity, only next of kin will be able to make decisions (example of a worst case scenario being switching life support off / who can visit in hospital)

THERE'S NO SUCH THING AS NEXT OF KIN!

The only people who have a right to make health & financial decisions are parents/guardians of underage children. No one else has this right, not even a spouse. Only POA gives that right.

heyhopotato · 30/01/2025 16:52

I'm not married to my partner but our house is part of one of our limited companies so no inheritance tax as far as I'm aware.

SerendipityJane · 30/01/2025 16:54

heyhopotato · 30/01/2025 16:49

Because I don't want to be owned by a man.

I am mixed race, any time I visited my home country with my partner I would be considered his property and I wouldn't be allowed to leave the house without him.

Surely that's more a comment on your home country than the UK ?

LiquoriceAllsorts2 · 30/01/2025 16:55

heyhopotato · 30/01/2025 16:49

Because I don't want to be owned by a man.

I am mixed race, any time I visited my home country with my partner I would be considered his property and I wouldn't be allowed to leave the house without him.

Would a civil partnership be recognised in your country? If not, then get a civil partnership rather than married

NordicwithTeen · 30/01/2025 16:55

OwlsDance · 30/01/2025 16:52

THERE'S NO SUCH THING AS NEXT OF KIN!

The only people who have a right to make health & financial decisions are parents/guardians of underage children. No one else has this right, not even a spouse. Only POA gives that right.

And only parents who have PR (who bothered to turn up to sign the birth certificate).

Another2Cats · 30/01/2025 16:55

Tja1 · 30/01/2025 13:37

@Blusterylimp i can’t believe all the backward thinking in the replies to your OP!

I didn’t know this either and I am also quite quite financially savvy.

shocking that so many people have posted to say ‘just get married.’ No, as a woman I don’t want to have to get married to protect my finances. I agree OP it’s outdated and shouldn’t be happening.

There are plenty of alternative ways of dealing with this issue but they all involve some sort of cost.

This only affects a very small number of people. If there are no children (or the house is not left to the children) then this will affect people living in houses worth more than £650k (excluding any mortgage) - assuming there are not other large assets.

If the house is left to children then this affects people with a home worth more than £1 million.

For context, the average price of a home in England in Nov 2024 was £306k

Flats & maisonettes - £252k
Terraced houses - £256k
Semi-detached houses - £298k
Detached houses - £459k
.

OK, let's assume that you and your DP have no children and live in a £1 million house with minimal other assets (to keep things simple).

Suppose that your DP passes away and leaves an estate worth £500k (half of the £1 million house). In this situation there will be IHT to pay on £175k (500k - 325k) at 40% or £70k.

So you will need to have that £70k to pay the IHT. I would strongly suggest that you speak to somebody experienced in this area about how you can achieve this by planning ahead.

There is a body called the Society of Trust and Estate Practitioners (STEP). Solicitors that have qualified to become members of this society really do have a great deal of knowledge and experience in this area. If you google something like "STEP solicitor [name of your town]" you will get a list of local solicitors.

heyhopotato · 30/01/2025 16:57

SerendipityJane · 30/01/2025 16:54

Surely that's more a comment on your home country than the UK ?

It's a comment on one of the reasons why I don't want to get married.

ladyofshertonabbas · 30/01/2025 16:58

Anyone can get married, this is one of the benefits.

Spudthespanner · 30/01/2025 16:59

@Blusterylimp

Gee, thanks @Spudthespanner IQ of 157 suggests otherwise

😂😂😂😂😂😂😂😂😄😄😀😀😀😀😀😀😀😀😀😀😂😂😂😂😂😂😂😂

Get married or don't OP. No one cares.

LondonLawyer · 30/01/2025 16:59

It does baffle me that people make massive, significant, life-changing decisions without thinking things through. I am a lawyer, so probably have a better than average understanding of most legal issues, but when it comes to specialist and important areas I get proper, careful advice so that I can sue someone if it goes wrong to understand and execute plans properly. I wouldn't attempt for a moment to do my own conveyencing, draft a will, set up a trust, anything of the sort.

Banyon · 30/01/2025 16:59

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?

Civil partnership … marriage by another name.

TheEllisGreyMethod · 30/01/2025 17:00

heyhopotato · 30/01/2025 16:49

Because I don't want to be owned by a man.

I am mixed race, any time I visited my home country with my partner I would be considered his property and I wouldn't be allowed to leave the house without him.

I would suggest that is one unique situation and your issue isn't marriage but the ridiculous rules of your home country that isn't applicable to the majority on this thread.