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Legal Rights for Unmarried Partners After Death

What happens if my partner died and we are not married?

It is very common to cohabit with a partner without getting married, yet unmarried couples should appreciate that they lack the legal rights of married couples.

If an unmarried partner were to pass away, the partner left behind will inevitably be going through an extremely emotional and distressing time. Unfortunately, they may also be subjected to various legal and financial complications that make the situation worse. To avoid this, it is necessary that unmarried partners take certain precautions to protect their situation.

Our expert family law solicitors at Crisp & Co can help unmarried partners with legal advice and support in various ways, including:

  • Unmarried partners’ rights after death
  • Property rights where your partner owned the property
  • Property rights if you and your partner both owned the property
  • Cohabitation agreements
  • Estate planning for unmarried Partners
  • Declaration of Trust

Get in touch with our specialist family law solicitors at Crisp & Co today

If you would like support with unmarried partners’ rights after death, please get in touch with our expert family lawyers at Crisp & Co.

You can give us a call on 0330 013 0381 or request a free call back by filling out the enquiry form on the right hand side of our home page.

Our expertise in unmarried partners’ rights

Unmarried partners’ rights after death

Property rights where your partner owned the property

If your partner passes away, and they owned the property you both lived in, you might stand to inherit the property or a portion of it. However, this would only be the case if they have left a Will behind that explicitly states this intention.

If your partner owned the property and did not leave a Will behind, the property would be handled according to intestacy rules. Under these rules, you would not stand to inherit the property.

In this situation, our solicitors would be able to support you with the following legal options:

  • If you were financially dependent on the deceased, we can help you raise an Inheritance Act claim, meaning that you can obtain a financial provision so that you can support yourself
  • We can investigate whether you may have an equitable interest in the deceased’s property (for example, where you had made financial contributions towards it)

Property rights if you and your partner both owned the property

If you and your now deceased partner owned the property as joint tenants, you will automatically inherit the property, regardless of anything expressed in the deceased’s Will.

Where you and your partner own the property as tenants in common, each person owns a separate share. Your deceased partner’s share would not automatically pass to you. Instead, it would be transferred to whoever they have chosen, as per their Will.

If the deceased does not have a Will, their share of the property will automatically be transferred to their closest relative, whether parents or children.

Cohabitation agreements

If you are living with your partner as an unmarried couple, entering into a cohabitation agreement can help you and your partner protect your interests and establish your rights. These agreements can be useful in the event that you and your partner split up or if one of you passes away.

Exactly what’s included in a cohabitation agreement varies between individual couples and their needs. A typical agreement will cover how the mortgage, rent or bills will be divided during the relationship and how assets and property should be split if the couple separates or in the event that one partner dies.

Estate planning for unmarried partners

If you are living with your partner as an unmarried couple, and you are concerned about what might happen if one of you passed away, we can assist you.

Our team can provide comprehensive estate planning services for unmarried partners, including, but not limited to:

  • We can support clients with Wills for unmarried couples. Establishing that their property, or their share of a property, would be transferred to their surviving partner when they pass away (if this reflects their wishes)
  •  We can help unmarried partners create trusts, for instance, if they wish to safeguard specific assets for a surviving partner in the event of their passing
  • We can help unmarried couples with inheritance tax planning strategies that work for their circumstances

As experts in legal rights for unmarried couples, our team can help you take the necessary precautions to protect your interests.

Declaration of Trust

If couples own a property together, and each party contributes a different amount and owns unequal shares, it is recommended to obtain a Declaration of Trust.

These are used to establish how much each has contributed to the property and how the funds would be split if they were to sell the property later.

Having a Declaration of Trust can ensure that both parties protect their investment, avoiding any misinterpretation about who owns what. The document is used to legally establish property ownership, so, ownership matters would be clear if the couple were to separate or in the event of death.

To learn more about unmarried partners’ rights after death in the UK, please get in touch with our experts at Crisp & Co.

 

Frequently asked questions about unmarried partner's rights 

How can unmarried partners protect each other’s rights after death?

Unmarried partners can protect each other’s rights after death by drafting a Will and clearly stating what they would like their surviving partner to inherit, should they pass away.

At Crisp & Co, we have years of experience helping clients draft Wills that reflect their unique needs, including unmarried couples. Couples are also advised to obtain a Declaration of Trust if they own a property together.

We have experience supporting clients with unmarried partners right after death in the UK and will ensure that you receive the bespoke support you need.

What happens if my unmarried partner dies without a will?

If your unmarried partner dies without a Will, their estate will be subject to intestacy rules. Only family members, in the eyes of the law, can inherit under these rules, and therefore, you would not inherit your partner’s property or assets if they passed away without a Will.

Regardless, seeking help in this legal situation could mean that you could make a claim on their estate, for instance, if you were financially dependent on them when they were alive.

Do unmarried partners have automatic rights to inheritance?

No, unmarried partners do not have automatic rights to inheritance. When a couple are unmarried, it is recommended that both partners draft a clear Will expressing their wishes.

It is also advised that unmarried partners who are living together enter into a cohabitation agreement, making it clear how financial responsibilities and assets should be shared and divided during the relationship and in the event that the relationship comes to an end or one partner dies.

My partner has died, can I stay in the house?

Living in the same house after the death of your spouse can be a complex issue. If your partner has died, whether or not you can remain living in the house depends on the circumstances.

If you were unmarried and your partner owned the property, you would not inherit the property unless this is specified in your partner’s Will. If they passed away without a Will, you would not inherit the property, but you may be able to raise an Inheritance Act Claim to seek financial provisions from their estate.

Where the deceased’s family member, such as a child or parent, has inherited the property, you may not have the right to stay in the property, and are urged to seek legal advice.

If you would like more information about unmarried partners’ rights after death, please get in touch with our expert solicitors at Crisp & Co.

Can next of kin be a partner?

It is possible to list your partner as your next of kin in certain contexts, for instance, as an emergency contact for hospital records.

However, if you and your partner are unmarried, you lack the legal rights of unmarried couples, meaning that if one of you were to pass away without a Will, your partner would not be considered ‘next of kin’ for inheritance purposes.

Who is your next of kin if you are not married?

If you are not married, your next of kin will be a child, parent, or your closest living family member.

Where you have an unmarried partner, they will usually not be considered your next of kin in the eyes of the law.

What rights do unmarried couples have if one dies?

Unmarried couples do not have any automatic rights if one of them passes away. The rights that unmarried couples have after the death of a partner depend on their individual circumstances, whether or not the partner who passed away left a Will, and the contents of their Will.

If a couple lived in a property that was owned by one partner, and that partner passed away, the partner would not automatically inherit the property or be entitled to a share of it.

When an unmarried couple live in a property that they both own, as tenants in common, if one of them passes away, the surviving partner would only inherit the deceased’s share if this was expressed in the Will.

Unmarried couples are advised to protect their rights and interests by drafting a Will that expresses their wishes and entering into a clear cohabitation agreement with their partner.

Get in touch with our specialist family law solicitors at Crisp & Co today

If you would like support with unmarried partners’ rights after death, please get in touch with our expert family lawyers at Crisp & Co.

You can give us a call on 0330 013 0381 or request a free call back by filling out the enquiry form on the right hand side of our home page.