Buying a House Together but Not Married? Why You Need a Will

Moving in with your partner is a huge and exciting milestone. Both of you are picking out furniture, choosing decorations, splitting bills and building a future together. But, if you are not legally married or in a civil partnership, there is a big hidden trap that many people fall into: the law treats you as legal strangers.

There is a widespread belief in the UK that if you live together for long enough, you can become ‘common law spouses’, meaning you gain the same legal protections as legally married spouses. Unfortunately, this is a myth, and common law spouses do not exist under English law.

If one partner passes away without leaving a Will, the consequences for the surviving partner can be both financially and emotionally devastating. Here is why a Will is an ultimate safety net for your relationship:

When a person dies without leaving a Will, their assets will be split according to what is known as the intestacy rules. Under these rules, the hierarchy of who inherits depends entirely on who is surviving in your family. It prioritises spouses, civil partners, children, parents and siblings. Unmarried partners unfortunately do not make the list.

No matter if you are together for 5 years or 50 years, if you are not married or in a civil partnership and your partner dies without a Will in place, you will not have an automatic right to inherit anything from their estate.

What will happen to your home depends on how you own it. Without a Will, the risks are much higher:

If you own the property as tenants in common (where you each own a specific percentage share of property), your partners share does not automatically pass to you on their death unless your partner specifically makes provision for this in a Will. Without a Will, their share will pass to their family under the intestacy rules. You could therefore find yourself owning a house with your late partner’s parents or siblings who will have a legal right to force sale to get their money out.

If your house or tenancy is in your partner’s name only, you will have no automatic right to their share. You could therefore be legally forced to move out of your own home during a period of grief.

Unmarried partners may sometimes sue the estate under the Inheritance (Provision for Family and Dependants) Act 1975, and you would need to prove you have lived together for a period of time and were financially dependent on them. However, you should think about what that means: you would be taking your partner’s grieving family to court and be spending thousands of pounds in legal fees to secure a roof over your head.

Leaving the future of your partner up to intestacy laws is a risk not worth taking. When you write a Will, it is not about tempting fate, it is about securing your loved ones and ensuring that the person you chose to spend your life with is protected should the worst-case scenario happen.

Putting a Will in place is quick, straightforward and will cost only a fraction of a legal dispute. Here at Franklins, whether you’re in Northampton, Milton Keynes, or surrounding areas, we can help get your wishes put in writing and protect your loved ones.

Disclaimer: This article provides general information only and does not constitute legal advice. You should obtain advice tailored to your circumstances from a qualified solicitor before taking or refraining from any action.