Common law marriage - The myth
In today's
society an increasing number of couples live together without
getting married, which has been described as a common-law wife or
husband. However legally there is no such thing as a common law
relationship. Under the law of England and Wales there are no
rights given to cohabiting couples unless they are married or civil
partners (same sex couples). The major problems arise when one of
you dies.
If you own property or a bank account jointly then these assets
pass automatically to the surviving partner. Some life policies, if
taken out jointly, will also do this.
Sadly, however, where one partner owns the house (or it could be a
farm or business) and dies without a Will in place, the position is very
different…
The estate will automatically pass to their next of kin, and this
will depend on the deceased's family. If they have children then
their children will be first in line to inherit; if not then their
parents inherit everything. If both parents have already died then
the next in line will be any brothers or sisters (or their
descendants).
The most significant issue for co-habiting couples is the loss of
control for the surviving partner. The only right you have is a
claim through the courts for reasonable financial provision from
the deceased's estate. The claim is against the next of kin and so
the court will have to balance each party's competing interests.
Only when this is settled, which may be many months after your
partner's death, will your financial position be resolved.
The simple act of making a Will can make all the difference, which
is why it is vital you speak to a specialist in our Wills,
trusts and probate team.
- To find out more about Wills, and meet our Wills,
trusts and probate team of expert solicitors, click
here.
- Alternatively, if you would like to speak to a solicitor about
your Will,
contact the head of the department Louise
Eccleston on 0844 346 3155 or email her for
advice and assistance.
- For more information download our 'Why everyone should make a will' sheet.