When an unmarried partner dies, it’s understandable that the individual left behind will ask “Am I entitled to anything if I’m not married?” Following legal advice will encourage unmarried couples to set up a civil partnership so estates can pass on to loved ones, although many couples in North Wales are unsure of the steps they should take. Many find themselves at risk of not receiving assets they had assumed would simply be inherited after their partner passes away.
As UK marriage rates continue to decline, the passing on of estates between unmarried couples has become an increasingly important issue. To answer this challenge, several solutions are available including making a will, drawing up a cohabitation agreement and forming a civil partnership.
Understanding your rights as an unmarried couple
Many who live together but aren’t wed wonder do unmarried couples have the same rights as married couples in the UK, and ask what are my rights as an unmarried partner? The law in this country doesn’t provide for unmarried partners in the way that it does for those who are married. This is especially important where Wills and estate planning are concerned.
When an unmarried member of a couple dies with no formal Will in place, the sum of their estate including property, possessions, savings, investments and other assets do not automatically pass on to their partner. This is true even when the unmarried couple have shared a long-term relationship, have joint ownership of property or have children together.
Many unmarried couples with children mistakenly believe they have more security and entitlement to assets if one of them dies. However, under UK law having children makes little difference in terms of inheriting a partner’s estate.
For instance, if an unmarried partner in a couple owns a home, the remaining partner may have no legal right to stay in the property if they pass away. When the couple have children, the court may seek to act in their best interests and allow the partner left behind to continue living at the address. However, often this is only considered a temporary measure, providing limited security.
Legal protection for unmarried couples
It is understood that marriage is not suitable for every couple. As a result, there are ways to make sure that unmarried couples remain protected in the event of death with assets passing on properly.
Establishing a personal will can ensure that estates pass to loved ones when you die. This is imperative when you want your estate to go to your unmarried partner, because under UK law no automatic entitlement exists for them following your death.
Regarding a house that you have lived in together, it will depend on if you own it as joint tenants or as tenants in common. If your status is tenants in common, and an unmarried partner dies, their personal share of the residence may pass to one of their relatives. In such an event, if the relation wishes to sell on their share in the property, the partner left behind can find themselves in a difficult position.
What is a civil partnership?
Many couples opt for a civil partnership instead of marriage. When considering forming a civil partnership, the best place to begin is with a pre-civil partnership agreement. Drafted before the official Civil Partnership registration, this agreement establishes what each partner wishes to happen regarding their assets if the partnership ends or a partner dies.
What is a cohabitation agreement?
Cohabitation agreements are legally binding agreements that enable an unmarried couple to establish arrangements for property, finances and children while they live together, and what will happen if one of them passes away, or they separate. Cohabitation agreements often also include how assets should be divided, like savings and pensions. It is well worth considering putting an agreement in place prior to living together, to protect everyone’s interests from the beginning.
Do you need unmarried cohabitation solicitors in North Wales?
If you’re unmarried but living together and need legal advice, you can look to our team at Bennett Smith Solicitors. We provide leading levels of client care through our services which are tailored to your individual needs and interests.
Whether you seek to understand your rights while cohabiting as an unmarried person or wish to put protective plans in place to safeguard your future and those in your care, you can rely on us for full support. We also understand that haste is required to resolve pressing legal matters and will do our utmost to deliver a solution that alleviates your issue quickly. Reach out to us now for advice and support.
