Don’t be a complacent cohabiting couple

There are two million cohabiting couples in England and Wales and more than 64,000 live in South Yorkshire.

Why am I telling you this? Because it is Cohabitation Awareness Week, a campaign supported by my family law colleagues to improve the legal rights of unmarried couples.

It is not only when a relationship ends that the law fails to recognise cohabitation. There is also a common misconception that an unmarried couple is entitled to inherit from each other automatically and this is simply not the case.

If a person dies without a valid will, they are considered to be ‘intestate.’ In this situation, the government dictates who will inherit and currently, it does not recognise cohabiting couples, no matter how long you have lived together.

Children

Of the 64,000 cohabitees in South Yorkshire, around half have children. If they are from a former relationship, they too will not be provided for under the intestacy rules, even if your partner cared for them as his or her own.

Likewise, if you have children with whom you don’t get along, they may well benefit from your estate, regardless of your wishes. Only by making your intentions clear in a will can you ensure the people you love will be looked after, should the worst happen.

Often, cohabitation is the preferred choice of those who are divorced or separated – once bitten, twice shy and all that! But this too can pose difficulties if you don’t have a will. For example, if you die before your divorce is finalised, i.e. you are still technically married, your estranged spouse would inherit under the intestacy rules.

Your current partner’s only option would be to make a claim against your estate for financial support under the Inheritance (Provision for Family and Dependents) Act 1975. This process can be costly and stressful, often pitting family members against each other and heightening tensions at a time when they should be pulling together.

Property

Property can also pose a problem. If you and your partner bought a house together as tenants in common, you would not inherit the other half under the intestacy rules. You need to check your purchase was completed as joint tenants, something we would do for you when you make a will.

This week is all about putting pressure on our politicians to change the rules governing the way we live, so they reflect all aspects of our diverse, modern society. Cohabitation is the fastest growing family type in the UK and until the law catches up, the only way you can protect your loved ones is to make a will.

 

The process is not as lengthy or as costly as most people think and could save your family money and heartache in the long run. Give us a call on (0114) 218 4000 or email info@tayloremmet.co.uk to find out more.