Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

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
AshCrapp · 30/01/2025 13:11

Shrekjrre · 30/01/2025 12:57

What I don't understand is why people who chose to have children together don't get married

What is confusing about it? I want children with my DP, but I don't want to be financially tied to him. If we break up, I don't want him to walk away with half of my house and half of my pension.

Ponderingwindow · 30/01/2025 13:11

In what way is marriage “not just a legal contract”?

there may be people or institutions who view it as more, but from the perspective of the state, it’s not much different than a driver’s license or the forms to create a corporation.

IBlameYourMother · 30/01/2025 13:11

Blusterylimp · 30/01/2025 13:02

Yep, it’s not fair for someone to lose their house when their partner dies because they need to pay IHT on half the properties value.

Only if it breaches the inheritance tax threshold.

I own a house as joint tenant with my partner. The threshold is £325,000. Our house (mortgaged) is worth (example) £400,000. So if I die, my share is worth £200,000. He wouldn’t pay inheritance tax because it isn’t worth enough (although you need to take in to account savings, pensions etc he might also inherit from me).

Joint tenants or tenants in common, you still pay inheritance tax IF your estate is worth that much.

Added risk: if you are tenants in common, your partner could leave his share of the house in his will to someone else (his kids for example) who could then force a sale when he dies. Also leaving you homeless.

People need to check the legalities carefully!!!! With a solicitor ideally, not randoms on the internet.

Nanny0gg · 30/01/2025 13:11

Blusterylimp · 30/01/2025 12:46

My point is that why shouldn’t cohabiting couples get the same legal protection as marriage isn’t just a legal contract and a lot of cohabiting couples are committed to each other but don’t want to get married.

Because marriage IS a legal contract. That's why the Registrar is there.

If it wasn't they wouldn't be needed

Digdongdoo · 30/01/2025 13:12

They can enter a civil partnership, or get married. It's hardly a secret. It's up to individuals to weigh up the risks and benefits and choose accordingly.

SerendipityJane · 30/01/2025 13:12

notaquack · 30/01/2025 13:05

In Australia you have the same rights as a married couple after cohabiting for 2 years

This isn't Australia.

pippy1958 · 30/01/2025 13:13

I am in this situation. I don't want to get married to my partner, mainly because I cannot be faffed with all party nonsense. Even a civil partnership needs a ceremony. Why cannot it be a simple form, done online for those who don't want all the nonsense? If it's a contract, then it should just be able to be signed and sent back, surely?

Wishfulthinkingonmypart · 30/01/2025 13:14

So if you’re committed to your partner, marriage (or civil partnership) is the way to legally say that.

I always think it’s odd how many people want formal, legal recognition of their relationship but won’t formally and legally recognise it themselves.

SerendipityJane · 30/01/2025 13:14

I cannot be faffed with all party nonsense. Even a civil partnership needs a ceremony.

Does it ? News to me.

AshCrapp · 30/01/2025 13:15

pippy1958 · 30/01/2025 13:13

I am in this situation. I don't want to get married to my partner, mainly because I cannot be faffed with all party nonsense. Even a civil partnership needs a ceremony. Why cannot it be a simple form, done online for those who don't want all the nonsense? If it's a contract, then it should just be able to be signed and sent back, surely?

It needs witnesses, just like signing a will does. You can go to the office with two witnesses and have it be done.

MJconfessions · 30/01/2025 13:15

Blusterylimp · 30/01/2025 13:02

Yep, it’s not fair for someone to lose their house when their partner dies because they need to pay IHT on half the properties value.

But how are the government or solicitors or executors supposed to differentiate between a cohabiting couple where they want each other to inherit, vs a cohabiting couple that do not want each other to inherit? Like a what point is a partner supposed to cross that threshold?

Blusterylimp · 30/01/2025 13:15

pippy1958 · 30/01/2025 13:13

I am in this situation. I don't want to get married to my partner, mainly because I cannot be faffed with all party nonsense. Even a civil partnership needs a ceremony. Why cannot it be a simple form, done online for those who don't want all the nonsense? If it's a contract, then it should just be able to be signed and sent back, surely?

Thank you! At least one person understands

OP posts:
L0bstersLass · 30/01/2025 13:16

Blusterylimp · 30/01/2025 12:25

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

@Blusterylimp then they can get a civil partnership.

It's very easy to formalise the relationship for a legal perspective and they don't have to tell anyone they know.

mydogisthebest · 30/01/2025 13:16

Blusterylimp · 30/01/2025 12:25

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

Fine if they don't want to get married but then they don't get any benefits or security marriage provides. It's not difficult to understand

thehorsesareallidiots · 30/01/2025 13:16

SerendipityJane · 30/01/2025 13:12

This isn't Australia.

And nor do the electorate want it to be. It's an issue, for instance, when people with DC meet a new partner and want to cohabit but actively don't want their new DP to be their automatic heir because it would cut out their children. If we had defacto laws, they would have to marry or live separately unless they wanted to deal with quite a lot of complexity around wills. I think financial enmeshment should be opt-in, especially since few people make adequate wills.

Overthebow · 30/01/2025 13:17

Blusterylimp · 30/01/2025 13:15

Thank you! At least one person understands

You can just air an appointment at the registry office, and have a civil ceremony which is very quick and is basically just signing the document in the presence of a couple of witnesses. You don’t have to have a full on ceremony and party.

smallchange · 30/01/2025 13:18

Blusterylimp · 30/01/2025 13:02

Yep, it’s not fair for someone to lose their house when their partner dies because they need to pay IHT on half the properties value.

It's not fair for someone to lose half their house, which they bought and paid for, when their co-habiting partner leaves them because the State has decreed them a partnership with the same rules as marriage just because they lived together.

It's not fair for someone's children from a previous relationship to be effectively disinherited when their widowed parent dies intestate, because that parent brought their new partner into the former marital home, and the State decreed that they had a long enough relationship to give them the same rights as marriage.

Be careful what you wish for. There are presumably reasons why you haven't gone and signed the Civil Partnership registry in your lunch break and those reasons still stand (and if the reason is just we haven't got round to it, then that's easily fixed).

TallulahBetty · 30/01/2025 13:18

pippy1958 · 30/01/2025 13:13

I am in this situation. I don't want to get married to my partner, mainly because I cannot be faffed with all party nonsense. Even a civil partnership needs a ceremony. Why cannot it be a simple form, done online for those who don't want all the nonsense? If it's a contract, then it should just be able to be signed and sent back, surely?

You know that the party afterwards isn't compulsory, right? And can you really not see why you need to have the ceremony in person rather than filling in forms online? Really?

Digdongdoo · 30/01/2025 13:18

You think there ought to be outrage because you don't want to sign a contract with witnesses present? How silly.
There were 5 people in the room when I got married. 6 if you include my baby. No party was necessary.

KilkennyCats · 30/01/2025 13:18

Blusterylimp · 30/01/2025 12:25

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

Then they take the consequences 🤷🏻‍♀️
Rather than assume the legal system will bend itself around their wants…

thehorsesareallidiots · 30/01/2025 13:18

pippy1958 · 30/01/2025 13:13

I am in this situation. I don't want to get married to my partner, mainly because I cannot be faffed with all party nonsense. Even a civil partnership needs a ceremony. Why cannot it be a simple form, done online for those who don't want all the nonsense? If it's a contract, then it should just be able to be signed and sent back, surely?

It needs to be witnessed. You don't have to have vows or any attendants. You can do it as a signing of paperwork at the register office on a weekday morning very cheaply, with randos off MN as witnesses and zero ceremony.

L0bstersLass · 30/01/2025 13:19

pippy1958 · 30/01/2025 13:13

I am in this situation. I don't want to get married to my partner, mainly because I cannot be faffed with all party nonsense. Even a civil partnership needs a ceremony. Why cannot it be a simple form, done online for those who don't want all the nonsense? If it's a contract, then it should just be able to be signed and sent back, surely?

There's no need for a party!
Make the appointment at the Registry Office.
Turn up at the allotted time. Grab two strangers off the street or 2 people that work there. Sign the forms. Done.

Fartypants83 · 30/01/2025 13:19

Cf. Nil band rates, survivorship rules, tenancies in common etc.

stampin · 30/01/2025 13:19

No party needed for marriage, a wedding is something else.

Are you confusing the two OP?

Shrekjrre · 30/01/2025 13:19

AshCrapp · 30/01/2025 13:11

What is confusing about it? I want children with my DP, but I don't want to be financially tied to him. If we break up, I don't want him to walk away with half of my house and half of my pension.

I thought UK courts now recognise prenups.