Published on: 1st August 2017

Common law spouse

Family structures are continuously changing and a recent study shows that there around 2.3 million unmarried couples in the UK. This results in around one in eight couples, who live together but are choosing not to get married.

'Common law marriage' is a term often used when referring to unmarried couples who cohabitate. In a married couple, if one spouse passes away intestate (with no Will), the surviving spouse will be legally entitled to inherit part of or all of their estate. However in 'common law marriages', if somebody has passed away intestate, their 'common law spouse' does not have a legal right to receive anything and may have to go through the Courts to inherit. This can cause unnecessary stress at an already difficult time as well as financial difficulties for the surviving partner who may be at risk of losing their home. Homes owned as 'tenants in common' (where each person owns a specific percentage) are most at risk. For partners who own their property 'jointly', the property will automatically pass to the surviving partner. However, for those owned as 'tenants in common', the deceased partner's share will form part of their estate and be distributed via the laws of intestacy. Should you find yourself in this position, you can make a claim on the estate under the 1975 Inheritance Act provided you have been cohabitating with the deceased for at least two years prior to their death. This could result in; periodic payments, an agreed cash amount or a transfer of property.

At Casey & Associates, we can help to avoid this unnecessary stress by visiting you in the comfort of your own home to discuss your wishes and create a Will. We encourage all aspects of estate planning and believe it is important to think about creating Lasting Power of Attorney (LPA) documents as well. As common law spouses are not legally recognised, they are not able to legally make decisions on behalf of each other regarding either health or financial matters. Should you be in hospital and lack the capacity to make decisions for yourself, your common law spouse would not have the necessary authority to decide on any treatment you may (or may not) want. Similarly, should you lose mental capacity or be otherwise incapable, your partner would not be able to go to financial institutions, such as your bank and assist with your finances. At Casey & Associates, we can create both Property & Financial Affairs and Health & Welfare LPAs where you can nominate who you would like, such as your partner, to be your attorney(s) should you need assistance in the future. If you would like a visit from one of our Consultants to discuss these matters further, please click here.

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