Page 2 | Rights of an unmarried partner?

BrightGoldenHazeintheMeadow · 2023-08-07T09:01:57+00:00

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.

prh47bridge · 07/08/2023 15:31

DrLightman · 07/08/2023 15:13

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?

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If they separated, she would have to establish a claim based on contributions she has made to the properties, e.g., paying some or all the deposit or paying for major improvements to the properties.

However, OP is asking about what happens if her friend of a friend's partner dies. In that case the Inheritance (Provision for Family and Dependents) Act 1975 applies. This says that, if an unmarried couple have been living as man and wife for the two years prior to one of them dying, the other can make a claim against the estate. In that situation, she doesn't have to show that she has made any contributions to the properties. All she has to show is that they have been cohabiting for 30+ years and that she is therefore entitled to reasonable financial provision from his estate.

crabbyoldbat · 07/08/2023 19:44

The difference being, of course, that she has to make a claim, as opposed to being entitled by will or intestacy rules - she has to actually 'sue' for entitlement of at least some of the estate (in order to get it legally). This seems to me like more difficult stuff to do when newly bereaved, than to just deal with ordinary probate, and probably more costly.

MooseBeTimeForSnow · 07/08/2023 20:00

Well she does have legal options, possibly proving a beneficial interest in the properties or an inheritance/dependants claim.

But neither will be cheap.

GrannyAchingsShepherdsHut · 07/08/2023 20:08

crabbyoldbat · 07/08/2023 19:44

The difference being, of course, that she has to make a claim, as opposed to being entitled by will or intestacy rules - she has to actually 'sue' for entitlement of at least some of the estate (in order to get it legally). This seems to me like more difficult stuff to do when newly bereaved, than to just deal with ordinary probate, and probably more costly.

Also, this situation would have the added complication of her effectively making a claim against her own daughter. (as the person who would inherit if OPs friend didn't make a successful claim.) Which may not be very good for family relations.

prh47bridge · 07/08/2023 20:45

crabbyoldbat · 07/08/2023 19:44

The difference being, of course, that she has to make a claim, as opposed to being entitled by will or intestacy rules - she has to actually 'sue' for entitlement of at least some of the estate (in order to get it legally). This seems to me like more difficult stuff to do when newly bereaved, than to just deal with ordinary probate, and probably more costly.

If they were married, she would inherit automatically if her partner died intestate. As they are not married, she is in much the same position as a wife whose husband makes a will leaving her nothing.

prh47bridge · 07/08/2023 20:46

MooseBeTimeForSnow · 07/08/2023 20:00

Well she does have legal options, possibly proving a beneficial interest in the properties or an inheritance/dependants claim.

But neither will be cheap.

When the executors take legal advice, they are likely to be told they should settle. If they take that advice, costs should be relatively low.

prh47bridge · 07/08/2023 20:48

GrannyAchingsShepherdsHut · 07/08/2023 20:08

Also, this situation would have the added complication of her effectively making a claim against her own daughter. (as the person who would inherit if OPs friend didn't make a successful claim.) Which may not be very good for family relations.

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Technically she would be claiming against the estate, not her daughter. Assuming she leaves her estate to her daughter, it would simply delay her daughter's inheritance rather than permanently deprive her of it. And I would hope that her daughter wouldn't want to see her mother left with nothing.

SueVineer · 07/08/2023 21:19

TallulahBetty · 07/08/2023 15:22

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

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Actually the position is complicated- in Scotland there can be informal marriages and certain rights on cohabitation.

SueVineer · 07/08/2023 21:26

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.

Absolutely. There are so many myths about marriage gleefully propagated on mn. Eg that that all property of married people is owned jointly (it’s not), that married people can’t will their property to other people (they can), that married people can make medical decisions for each other (they can’t) and so on.

Coconaut · 08/08/2023 08:44

I agree, the obvious pleasure some of the posters above are taking in announcing that OP's friend will get nothing no point in even trying is very unedifying.

DrLightman · 08/08/2023 09:05

Coconaut · 08/08/2023 08:44

I agree, the obvious pleasure some of the posters above are taking in announcing that OP's friend will get nothing no point in even trying is very unedifying.

Its not pleasure - its disbelief that in this day and age that people in England still believe in common law H&W

its not the 1950s, its 2023 and this information is widely available, and if they cannot look online then they can get actual legal advice. There is no excuse.

Coconaut · 08/08/2023 09:19

But the OP hasn't said anything about any common law spouse so why the need to shoehorn it into the thread in a way that misleads OP as to their friend's position? Feels a bit like they love the opportunity to do it otherwise why bring it into here?

TizerorFizz · 08/08/2023 09:36

Resolution, an organisation comprising family lawyers, puts the position succinctly. It’s a good place for advice and understanding the difficulties faced by unmarried couples. I’ve attached their basic info. I’m not a member or anything to do with them by the way!

Marmight · 08/08/2023 15:45

Do you not have to own a property in order to rent it out and receive income from it?

prh47bridge · 08/08/2023 16:33

Marmight · 08/08/2023 15:45

Do you not have to own a property in order to rent it out and receive income from it?

She can handle the formalities with his consent, but for tax purposes it is his income.