Can I stay in the house?

[pattie5853]

I have lived with my boyfriend, in his house, for two years. we have no plans to marry. If he died would I have to get out of the house? He hasnt made a will so who would inherit the house? He has three grown up children.

[sddsddean]

The basic 'rule of thumb' in these sort of situations is that if you are not married, you have no legal right to the property. Indeed, you would have no legal say in what treatment he could recieve in hospital, or any subsequent funeral arrangments. You would not inherit the house (as you are not legally next of kin) and the house would pass to his next of kin. I am assuming from the way the question is worded that he was previously married. If he is still married, his wife is next of kin, otherwise it would be his children. Basically, legally,  you have no rights. It may seem wrong in this day and age, but thats the way it is.

[pattie5853]

Thanks for your advice, I did think as much but it was worth asking,I think its time I looked for a place to rent, just in case!

[Oneeyedtic]

There are a couple of things worth thinking about :-

(1) As you are living there you are technically making a contribution to the upkeep of the property (housework, cooking, paying some bills, keeping it habitable so that the man can work, gardening, washing etc etc). It would not be unreasonable therefore if you asked your boyfriend to put the property into your joint names as joint tenants so that in the event of the grim-reaper calling the property passes to you without wills, inheritance tax, probate, etc.

(2) In the event of a refusal you still have a claim against the property on the grounds that I have outlined, and for the small cost involved you might like to consider employing a solicitor to place a charge against the property at the Land Registry which prevents it from being passed on or being sold from under you until your claim has been settled.

[pattie5853]

Thank you oneeyedtic for some good info, I will go and see a solicitor and see what they can come up with, thanks to all of you.

[Oor Wullie]

Would you not be classed as a common law wife? Therefore giving you some rights. Visit your local CAB and they should be able to give you free advice.

 

Will

[pattie5853]

Thanks Willd423 I never thought about the CAB I will try them in the morning.

[Hgrove]

There was an article in today's Observer which deals precisely with this issue.  If interested, I suggest you go to the Observer website: http://observer.guardian.co.uk/cash/ and, in the "search the site" box, type the article title, which is: Forget pillow talk - sign a contract .  The full details are: Forget pillow talk - sign a contract. Many unwed couples still believe in the myth of the common law marriage, warns Jon Robins.  Sunday February 13, 2005. The Observer.
This is because when I have tried to post a link before, it did not seem to work.  By the way there was also an article about inheritance tax between unmarried partners which may also interest you, which is as follows: Why it's time to defuse the time bomb facing couples. Up to 200,000 unmarried partners face a huge penalty, writes Neasa MacErlean. Sunday February 13, 2005. The Observer.
 They are both in the Cash section of the Observer.

[ursula62]

There is no such thing as a "common law wife" in English law.  Cohabitees do not have the rights of married couples. If your partner died then his estate would pass to his next of kin, which, in the absence of any documentary evidence otherwise,  would be his children.

[zmudge]

Are you sure that it is entirely your boyfriends house and that others (an ex wife perhaps or some or all of his children) are not co-owners? If you would like to be absolutely certain click this link

http://www.landregisteronline.gov.uk/servlet/TitleSearchServlet

and follow the very easy instructions. You need only see the Register (of which you can print a copy for future use) and look under Registered Proprietor(s). It will also tell you if there is a mortgage and other borrowings against the property, who with, but not the amounts.

[smudge]

Sludge knows a lot about Registers too zmudge?