Rights if not married

[PerverseConverse]

Hi, I'm asking this for my friend so don't have lots of details.

She lives with her long term partner, they have two children together, and a joint mortgage. Both work full time. Both have private pensions.

What happens regarding the house if they split up? Is it split 50:50?

What happens regarding the house if they stay together and her partner dies? And what happens regarding his pension? She is named as a beneficiary for a lump sum but isn't sure if she'd get regular payments.

She has life insurance that would give the children financial security. He doesn't.

Thanks!

If the mortgage is 50-50 then that's how it's shared out. She is not his next of kin so will get nothing automatically. It's like two friends sharing a house.

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

Your questions about the house depends on whether they’re joint tenants or tenants in common, and whether it’s a 50-50 split or something else. Their solicitor should have advised when they bought it.

He decides who will be the beneficiary of his pension in the event that he dies. She has no claim on it.

Do they have wills?

Are their salaries, savings and pension pots roughly equal?

I'm in the same situation and have taken professional advice. House will depend on how they own it. Otherwise, no rights to anything whatsoever other than child maintenance. If he's a high earner, application under Section 1 of the children act may provide for one off items as well as provision of suitable housing until children leave education at which point it's handed back to him.
Salaries, wills and pension pots are utterly irrelevant as she has no entitlement whatsoever to them.

“Salaries, wills and pension pots are utterly irrelevant as she has no entitlement whatsoever to them.”

Of course wills are relevant. One of the questions was about what happens if he dies!!! For unmarried couples, wills are even more important than for married couples. Of course, wills can be rewritten, so it’s not guaranteed protection, but it’s certainly one way to protect each other.

Salaries, savings and pension pots are relevant in that if there is a significant difference, it would be in the interest of the partner who is less well off to get married. That’s all. The OP has not explained the reason for the question - whether they are considering marriage or separation!

Thanks, I don't know if they are tenants in common just that they are both named on the mortgage. She did say he pays most of the repayments though.

I've never had a mortgage so am clueless!

I have just lost my partner. We werent married and we have a son

It doesnt matter who pays the mortgage .. it depends on what the title deeds say. If there is a survivor clause then the house will automatically go to the surviving partner
If no such clause is written into the title deeds then the house would belong to the next of kin
which in the absence of a will would be the the children

Pension is slightly different. Pension company will have asked both to fill out a nomination form. So long as the partner is listed on that they will be entitled to all the pension .. lump sum and payments

It there are bank accts or saving bonds or anything like this in single names then when that person dies it belongs to the next of kin.. the children. Though they may pay out to the survivor for the care of the children

Easiest if they both have a will

@frasersmummy

Sorry for your loss

“It doesnt matter who pays the mortgage .. it depends on what the title deeds say. If there is a survivor clause then the house will automatically go to the surviving partner
If no such clause is written into the title deeds then the house would belong to the next of kin
which in the absence of a will would be the the children”

I’d never heard of a survivorship clause, so I Googled and it looks like it exists in Scotland - is that where you are?

I don’t think it exists in England. If the OP’s friend is in England it will depend on whether they’re joint tenants or tenants in common, as I said.

www.gov.uk/joint-property-ownership

oh sorry .. yes I am .. never occurred to me its so different across the border

sorry - didn't rtft - my comments were in the event of a split only. One other point to factor in is that neither is the other's next of kin and therefore if one ends up in hospital, the hospital won't let them in / they're not entitled to collect a body or arrange a funeral or obtain a death certificate.

If in UK you can look on Gov.UK or citizens advice website for legal differences about single or married.

“If in UK you can look on Gov.UK or citizens advice website for legal differences about single or married.”

Or just click on the link from the Citizens Advice website that I already shared!

Do people not read any of the replies, even on short threads?!

They need to see a solicitor to agree all these issues:

Their wills; as they are unmarried assets will pass to the next of kin which are the children unless they make a will.
The Home; they need to clarify the ownership. Joint means it goes to the other owner if they die. Tenants in common, it will go those named in the will or next of kin. If they split it will be split as agreed.
Insurance, as named in policy
Pension, these are separate assets and will not be part of a separation settlement. But they should update death in service nominations if these are pertinent
They can create a cohabitation agreement to sort out lots of things
Power of attorney: naming somebody to act for them in relation to financial and health if they want.

NB Next of kin is really on relevant to wills. A lot of misinformation exists about this concept so they should confirm that they expect their partners wishes to be respected. Their partner needs to know their rights in the event that a relative tries to pull the Next of Kin bollocks in hospitals.

Thank you, I'll pass all the info on.