Common Law partners and Wills

TBagpuss

OP, you have a few options, and I'd suggest a discussion with your partner and then a consultation with a solicitor.

Things you could do:

- Put the house into joint names, with a declaration of trust that you own as tenants in common, defining what share you each have. With a declaration of trust, you would each own a fixed % of the house, so your partner would own his share (and could leave it by will) and you would won your share and could leave it by will to your children. You can also in your will make provisions for your partner to be able to live in the house after your death, if you go first, subject to covering the costs of maintenance etc. (and he can do the same to ensure that you have the right to live there, if he dies first)

-Leave it as it is, b(but review the will with a solicitor) to leave it to your family but with provision for him to live their in his lifetime (again, provide for him to cover bills an, insurance and maintenance) , 

-Leave the house in your name, but update your will and divide your estate between him and your children, so if you die he has enough to be able to buy somewhere to live.

- Think about your estate as a whole - what other assets do you have? Do you have options such as life insurance or pension death benefits which would allow you to provide for your partner while leaving the house to your children, for instance?

Your partner might have a claim to an interest in the house even though it is in your name, based on his contributions over the time you have been together, (even if you could have afforded it without him)  and e might also have a claim under the inheritance act if you don't make reasonable provision for him (although probably a right to occupy the house during his lifetime would be reasonable)


For reference, as another poster mentioned, there is no such think as a common law husband or wife in English Law . As well as reviewing your will, you might want to look at getting powers of attorney drawn up - as things stand, neither of you would automatically have any rights regarding the other in terms of things like being involved in decisions about end of life care or withdrawal of treatment, if the other became too ill to make their own choices. 

Shezz

TBagpuss said:

OP, you have a few options, and I'd suggest a discussion with your partner and then a consultation with a solicitor.

Things you could do:

- Put the house into joint names, with a declaration of trust that you own as tenants in common, defining what share you each have. With a declaration of trust, you would each own a fixed % of the house, so your partner would own his share (and could leave it by will) and you would won your share and could leave it by will to your children. You can also in your will make provisions for your partner to be able to live in the house after your death, if you go first, subject to covering the costs of maintenance etc. (and he can do the same to ensure that you have the right to live there, if he dies first)

-Leave it as it is, b(but review the will with a solicitor) to leave it to your family but with provision for him to live their in his lifetime (again, provide for him to cover bills an, insurance and maintenance) , 

-Leave the house in your name, but update your will and divide your estate between him and your children, so if you die he has enough to be able to buy somewhere to live.

- Think about your estate as a whole - what other assets do you have? Do you have options such as life insurance or pension death benefits which would allow you to provide for your partner while leaving the house to your children, for instance?

Your partner might have a claim to an interest in the house even though it is in your name, based on his contributions over the time you have been together, (even if you could have afforded it without him)  and e might also have a claim under the inheritance act if you don't make reasonable provision for him (although probably a right to occupy the house during his lifetime would be reasonable)


For reference, as another poster mentioned, there is no such think as a common law husband or wife in English Law . As well as reviewing your will, you might want to look at getting powers of attorney drawn up - as things stand, neither of you would automatically have any rights regarding the other in terms of things like being involved in decisions about end of life care or withdrawal of treatment, if the other became too ill to make their own choices. 

Thank you for your advice, we have both have insurance and have each have put the other in trust to receive the insurance. will need to think on this but at the same time, need to sort it so its done.