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Relationships

Civil partnership versus living together

(14 Posts)
annsixty Sun 17-Jul-22 12:18:26

You will have no right to any pension he has even if he has left you everything in his will as a close friend of mine found out to her dismay.
She was ok capital wise but poor income wise.
Capital being rapidly eaten up.

karmalady Sun 17-Jul-22 12:09:16

my friend became extremely worried about her house, she had previously had a divorce so realised that a relationship can turn sour. 3 children. The house she lives in now is lovely and she worked very hard to pay for all of it by herself, she has a small business.

She married and very soon realised how vulnerable her house owning situation had become. She kept it in her name and had legal advice, was told that he could soon claim 50%. She is being extremely careful to never allow him to pay for anything, decorating, anything plus he pays rent

Finally she has decided that it has to be in trust for the children, legal advice ech step of the way

FarNorth Sun 17-Jul-22 12:02:24

^ If you are married or in a CP, you become each other’s next of kin. If not, the closest relative is.^

You can name anyone you want to be your next-of-kin, doesn't have to be a relative.
Get it put on your medical record.

grandtanteJE65 Sun 17-Jul-22 11:58:48

Esspee

If you have a civil partnership or marry then your assets become one. This changes the situation if there is a death or divorce.
All you have told us regarding your financial situation is that you own the house. Suppose you marry or enter into a civil partnership. If you die first and he gets the house then remarries your children will not inherit. It doesn't matter what he agrees to in a will, it can be changed at any time.
If you remain unmarried what's his is his to do with as he pleases, you decide what happens to your assets.

The other side of the coin is that if you do not enter into a civil partnership or marry, your partner can be kicked out of the house the minute you die, by your children who are your legal heirs.

He has no legal right to stay in the house, and may have legally to prove that the things he says are his are bought and paid for by him. I doubt he has receipts for everything he owns,

I don't know about the UK, but here he would not even be entitled to decide, where, when or how you were to be buried or cremated. I personally know of two men who were not even invited to their long-time lover's funeral, and one who was turned away by the family when he turned up.

I suggest you and he talk things through, then seek legal advice on the pros and cons.

Neither you nor he probably have the authority to tell a doctor that further treatment of your dying partner is not wanted. Your children decide that for you by law and I have no idea who his nearest blood relation is, but whoever it is and however remote decides on his behalf.

For both your sakes, sort this out now.

Allsorts Fri 15-Jul-22 07:34:52

I woukdnt know what to advise. I just know if it was my house when we got together and I had a good relationship with my children I would want them to inherit it. However I woukdnt like the idea of my partner losing his home. Therefore before I did anything I woukd consukt a solicitor and discuss fully with your partner what it us test you both want.

welbeck Tue 12-Jul-22 15:36:01

i don't know much about it, but inheritance tax is the obvious advantage to him if you leave him your estate.
if you are married/civil partnership then he doesn't have to pay it. if he inherits.
some people find that having lived together for years, with children, then one dies, and the house has to be sold in order to pay IHT, which is v disruptive, esp for children at such a sad time.
also i don't think getting married need be a big fuss.
but the next of kin thing does not operate as described above, in my experience. either the patient or whoever is with them is asked, who is next of kin and that is noted down. would only be an issue if there is a disagreement as to what should be done, and then it may become a legal dispute regardless of who is next of kin, eg if hosp/ss decide patient needs go care home, next of kin/POA opinion does not trump that.
it can become quite complicated.

Iam64 Tue 12-Jul-22 14:58:16

If he’s lived in the house twenty years, contributes to upkeep and bills, he probably has some legal rights if you separate

As a cohabiting couple neither of you can inherit the others pension when one of you dies

It’s worth making an appointment with a lawyer specialising in private/family law. Yiu could clarify issues, maybe draw up a legal document setting out ownership, health and inheritance issues

Have yiu done wills and lasting power of attorney
Marriage/civil partnership don’t need fuss honest

geekesse Tue 12-Jul-22 14:43:55

If one or the other of you is seriously ill, information is only shared with, and decisions are taken by, the next of kin. If you are married or in a CP, you become each other’s next of kin. If not, the closest relative is.

Presumably, that’s not an issue for you - you’d be ok with your own children dealing with stuff, and I assume they would include your partner in information and decisions.

But if he has no children, then a sibling or nephews/nieces would be next of kin, and they may not share information or decisions with you.

Elizabeth27 Tue 12-Jul-22 11:37:54

There are no laws for people that live together which complicates things if there is a breakup or death of either party.

Cabbie21 Tue 12-Jul-22 10:41:18

Getting married does not need to entail a lot of fuss, just two witnesses. As simple as a civil partnership ceremony.
Research the differences.
Once you marry or become civil partners, he does not automatically inherit unless there is no will, then only a proportion. You can still leave your house to your children in your will, but probably you would want to include provision for your partner to continue to live there . But presumably you have made a will already? You will need to make a new one after your change of status.
There may also be a benefit in respect of pensions.
Research this carefully, not just on a forum, but I reckon it ties things up more neatly.

Esspee Tue 12-Jul-22 09:38:48

If you have a civil partnership or marry then your assets become one. This changes the situation if there is a death or divorce.
All you have told us regarding your financial situation is that you own the house. Suppose you marry or enter into a civil partnership. If you die first and he gets the house then remarries your children will not inherit. It doesn't matter what he agrees to in a will, it can be changed at any time.
If you remain unmarried what's his is his to do with as he pleases, you decide what happens to your assets.

Septimia Tue 12-Jul-22 09:21:29

I think there are various entitlements that go with a formal relationship like marriage or a civil partnership. I'm not sure of all the details, but they may include things like inheritance, next of kin, pensions etc.

It's worthwhile looking into the legalities before you decide.

mumofmadboys Tue 12-Jul-22 02:10:24

If you were married or in a civil partnership could you have a share of the others pension after one of you dies??

damek1ndness Mon 11-Jul-22 21:13:47

I’ve lived with my partner for nearly 20 years. I own my house in my sole name and have three adult children. He has no children. I work full time and he is effectively a house husband now and takes care of all the domestic/cooking chores

Would there be any advantage in us having a civil partnership rather than just continuing living together? Neither of us wants to get married (too much fuss!)