Not legally married
Zoe.nash
Posts: 19 Forumite
I married at a young age for 10 years and then got divorced, a year later I got back with my husband and we have been together ever since another 20 years, we have 2 sons together and he has 2 daughters from a previous relationship. We jointly own our house and have wills. Would it make things easier for us both when one of us dies if we were legally married? We never felt the need to remarry as have been happy as we are and have always been the same as if we were married but now I’m worried it may cause complications. Any advise please?
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I married at a young age for 10 years and then got divorced, a year later I got back with my husband and we have been together ever since another 20 years, we have 2 sons together and he has 2 daughters from a previous relationship. We jointly own our house and have wills.
When were they made? If they were made before you divorced, then they are still valid but any bequest to the ex-spouse will fail. They need to be redone as a matter of urgency.
Is the house owned as "tenants in common" or "joint tenancy"? If the former, you have a separate half-share each which will be distributed on death as per your Will. If the latter, the survivor will automatically become the sole owner on the other's death, and the Will is not relevant.
If, as an example, your Wills were made before divorce, and say something like "everything to my spouse and if they predecease me to the 4 children equally", then on the first death the bequest to the spouse fails and the children get everything they own. That could mean the surviving spouse having to leave the house if it's tenants in common, and not having enough to live on.Would it make things easier for us both when one of us dies if we were legally married?
As you are not married, there is no spousal exemption from Inheritance Tax. Depending on the size of your estate, that could again mean losing the house if it has to be sold to pay the Inheritance Tax bill.
Have you both done Lasting Powers of Attorney? (If they were done before the divorce and you named each other as attorneys, these also need to be redone.)0 -
That’s great thank you, we done our wills after we divorced and the house is a joint tenancy, I’m thinking we should just get married again to save any issues that may arise0
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You wouldn't get part of his pension if he died in some cases - or government widows or widowers benefit if that was relevant.......
You aren't each others next of kin.
If it's just a formality it's worth it.0 -
Yes I think so too, we don’t want a wedding but we should be each others NOK0
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Malthusian wrote: »Is the house owned as "tenants in common" or "joint tenancy"? If the former, you have a separate half-share each which will be distributed on death as per your Will. If the latter, the survivor will automatically become the sole owner on the other's death, and the Will is not relevant.
DH and I chose to do this when we made our wills. That way you have a say about how you want your half distributed after your death. I'm not saying he would but it would guard against you leaving everything to your partner and then he writes a will leaving it all to his oldest children or the cats' home or wherever. Joint tenancy doesn't give you that protection AFAIK.0 -
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If you don’t want to get married, as of December this year Civil Partnerships for straight couples will be legal. Literally just sign a book and that’s it- you get all the legal rights and that with none of the complications of marriage.*The RK and FF fan club* #Family*Don’t Be Bitter- Glitter!* #LotsOfLove ‘Darling you’re my blood, you have my heartbeat’ Dad 20.02.200
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What are the complications of marriage that you do not have with a civil partnership?0
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Since you have mentioned complications if one of you passes away, you might want to consider inheritance tax. You should get advice from a solicitor, and whether it is relevant will depend on the size of your estate, but it might be better to be married from a tax point of view.0
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There is no such thing as next of kin. The OP and her partner need Lasting Powers of Attorney if they haven't already done them.DH and I chose to do this when we made our wills. That way you have a say about how you want your half distributed after your death.
No you don't, because you're dead. After you die there is no "your half".
If you own a house tenants in common and you leave everything to your partner, your share passes to your partner as per the Will, and then he can leave it all to his oldest children or the cats' home or wherever if that's what his Will says at the time.I'm not saying he would but it would guard against you leaving everything to your partner and then he writes a will leaving it all to his oldest children or the cats' home or wherever.
If you own a house as joint tenancy and you leave everything to your partner, your share passes to your partner automatically regardless of what the Will says, and then he can leave it all to his oldest children or the cats' home or wherever if that's what his Will says at the time.
Did your solicitor not make that clear when you made your Wills?0
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