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Original poster

Rights of an unmarried partner?

40 replies

BrightGoldenHazeintheMeadow · 07/08/2023 10:01

A friend of a friend has been with her controlling partner for over 30 years. They have an adult child together. They have properties which she lets out. None of the properties - including the house they live in - are in her name. She has obviously not handled this in the best way. Her partner is due to have heart surgery. Her friends are urging her to change the situation but he gets annoyed whenever she tries to discuss this. She is going to speak to a solicitor. Just wondered what rights, if any, she has if her partner dies? Thanks.

OP posts:
Soontobe60 · 07/08/2023 10:03

None, unless he has made a will. If not, then everything will go to their daughter.

Hoppinggreen · 07/08/2023 10:03

Not a solicitor but I imagine none whatsoever

ConnieTucker · 07/08/2023 10:06

Is she speaking to a solicitor today?

Peony654 · 07/08/2023 10:10

I expect the daughter would inherit, as the couple are not married. They need to get a will sorted ASAP, and/ or get married

Original poster
BrightGoldenHazeintheMeadow · 07/08/2023 10:51

Thanks everyone. Yes, she is going to speak to a solicitor today.

OP posts:
SiblingFights · 07/08/2023 10:58

I'm guessing if they have been together 30ish years, then they are of the generation that believed in the common-law myth. Sadly she has no rights and the daughter would inherit everthing.

SiblingFights · 07/08/2023 10:58

If I were her then I would be pushing for marriage even if he is a total bell end.

DrLightman · 07/08/2023 11:44

Absolutely nothing

Fizzology · 07/08/2023 11:52

Is the child they share his only child?

Janieforever · 07/08/2023 11:55

None. “They” don’t have properties. He has properties. It will be down to his will if he’s left her anything, if not, then the daughter inherits.

Feverly · 07/08/2023 12:04

Absolutely zero. The only protections/rights legally single people have are what they signed for a mortgage or rent together. The man could remove her from his property any time he wants. I wouldn’t recommend she sees a solicitor, it’ll be a waste of her money. She should instead focus on getting a job and sourcing somewhere to live, urgently, if she wants to leave the abuser.

https://www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

Living together and marriage: legal differences

Differences between how the law treats married and cohabiting couples including financial matters, responsibility for children and housing.

https://www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

TallulahBetty · 07/08/2023 12:14

None at all. This is why you get married. You can't have it both ways.

grayhairdontcare · 07/08/2023 12:37

You don't need to get married for equity rights.
You need to have been an equal partner and have watertight paperwork in place

Coconaut · 07/08/2023 12:42

It is worth seeing a lawyer and it is possible that she has gained some equitable rights if she has paid towards the properties. I wish people wouldn't glibly give legal advice when they don't know any of the facts.

Ironically the link the poster gives above while announcing there is no chance of getting anything covers this possibility.

Narjilla · 07/08/2023 12:46

Without naming her in a will to inherit his properties, she is entitled to sweet fuck all.
If he doesn't have a will, in England his next of kin is the adult child and then it's up to the child whether to allow the mother to stay in the home as she will be a lodger or a visitor.

Either will or get married. A will is quicker because you have to give 28 days notice in England and then see if there is anyone available to marry you two ASAP.

MarieG10 · 07/08/2023 12:48

Soontobe60 · 07/08/2023 10:03

None, unless he has made a will. If not, then everything will go to their daughter.

No it won't. Look at the intestacy rules. www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Hoppinggreen · 07/08/2023 12:49

MarieG10 · 07/08/2023 12:48

Show quote history

It will, they aren’t in a civil partnership

prh47bridge · 07/08/2023 13:05

The answers on this thread are wrong. She won't inherit anything automatically, but she has a clear claim against the estate under the Inheritance (Provision for Family and Dependents) Act 1975 as she will have been living with him as if they were married for the whole of the two years immediately preceding his death.

Coconaut · 07/08/2023 13:10

It's weird the way mumsnet posters love to gleefully jump on anyone unmarried and tell them they aren't entitled to a thing. The law in this area is quite complex (I am a lawyer but not a family law expert) and I think it's a real worry that people end up worse off as they take these idiots' words for it.

DrLightman · 07/08/2023 15:13

Coconaut · 07/08/2023 13:10

It's weird the way mumsnet posters love to gleefully jump on anyone unmarried and tell them they aren't entitled to a thing. The law in this area is quite complex (I am a lawyer but not a family law expert) and I think it's a real worry that people end up worse off as they take these idiots' words for it.

Without meaning to be goady (I know I can come across that way sometimes)

How would they be entitled to anything? Would you say if she has paid to maintain any of the properties and could prove it?

C1N1C · 07/08/2023 15:19

Maybe this is an American thing, so really this is me thinking out loud... isn't there a 'thing' where because you have effectively been living as a spouse for x years, despite not being married, you can basically claim all benefits of being one???

Married in all ways but paper...

TallulahBetty · 07/08/2023 15:22

C1N1C · 07/08/2023 15:19

Maybe this is an American thing, so really this is me thinking out loud... isn't there a 'thing' where because you have effectively been living as a spouse for x years, despite not being married, you can basically claim all benefits of being one???

Married in all ways but paper...

Yes, common-law marriage. No such thing in the UK.

TallulahBetty · 07/08/2023 15:23

Coconaut · 07/08/2023 13:10

It's weird the way mumsnet posters love to gleefully jump on anyone unmarried and tell them they aren't entitled to a thing. The law in this area is quite complex (I am a lawyer but not a family law expert) and I think it's a real worry that people end up worse off as they take these idiots' words for it.

It worries me more than women will go along with being unmarried, often giving up their careers to care for kids, assuming that they will have the same rights as married women.

Coconaut · 07/08/2023 15:25

How would they be entitled to anything? Would you say if she has paid to maintain any of the properties and could prove it?

Broadly, yes. It's possible to acquire a right to a property in this way. It's not something I would chose to rely on rather than a proper agreement as it can be tricky to claim but it's absolutely a possibility in the UK. There are also ways of proving entitlement to provision under a will.

Coconaut · 07/08/2023 15:26

It worries me more than women will go along with being unmarried, often giving up their careers to care for kids, assuming that they will have the same rights as married women.

I'd rather nobody was misled as to their rights.