27 Living Together and Your Rights if You Separate
Download Living Together and Your Rights if You Separate (PDF File | 999kb)
2. Why is living together different from being married?
4. Making a ´living together agreement´
5. When you are living together
6. If you or your partner dies
Unmarried partners do not inherit from each other automatically the way married couples do. Instead, if you die without making a will ('intestate'), your property will go to any children you have. If you don't have children, it will go to your parents or other members of your blood-related family.
This means that if you are living together and you want your partner to benefit when you die, it is vital to make a will. You should do this even if you feel that at present you do not own anything of great value. It is essential that you and your partner make wills if you own your home as tenants in common (see 'Buying somewhere together'). For more about wills, see:
- the Community Legal Advice leaflet ''; or
- the Advice Services Alliance booklet, 'Wills and Living Together'.
See 'Further help' for details on how to get hold of these.
Many unmarried couples do not bother to make wills, which can cause serious and distressing problems after one partner dies. There are two main things you need to think about when you are making a will:
- what your partner will need in the future, especially where they will live; and
- what your children will need in the future and who will look after them. You may need to appoint a guardian for them. You should think about who you want the children to live with, and who you think should look after their money until they grow up. These may not be the same people. You should discuss this with the people you want to appoint to make sure that they would be willing to take on the role.
What happens if I am left with nothing?
If your partner dies without a will, and you are not provided for, you may be able to make a claim to the court for part of the 'estate' (everything they owned, including houses, investments, money and belongings). You must make this claim within six months of probate being granted on your partner's estate. See the Community Legal Advice leaflet '' for more about this. You can claim:
- as a 'cohabitant' if you lived as a couple (same-sex or male-female) for a continuous period of two years before your partner died; or
- as a 'dependant' if you lived together less than two years, though you will have to show the court that your partner was supporting you.
- Cohabitants may get more than dependants. You can also claim shares in the estate for children and step-children if your partner was supporting them.
Claims for damages if your partner dies in an accident
If your partner dies in an accident and there is a claim for damages, you won't necessarily benefit from this. Bereavement damages (currently £10,000) can only be paid to the husband or wife or registered civil partner of someone who dies in an accident. If you had been living with your partner for a continuous period of two years before they died, you can make a claim under the Fatal Accidents Act 1976 for loss of financial support. This applies to both male-female and same-sex couples.
Other damages are normally paid as compensation when someone dies in an accident. 'General damages', which means compensation for the dead person's pain, suffering and 'loss of amenity', are paid into the person's estate. So too are damages for any financial loss of earnings or benefit that the dead person would have had. These damages will go to you only if your partner has left a will that names you. Otherwise they will go to his or her blood-relations like the rest of his or her property. This is another reason for making a will.
As an unmarried partner you may be able to bring a claim if you experienced losses of your own as a result of the accident -for instance, if you have to give up work to nurse your partner.
The tenancy on a rented house or flat
With some sorts of tenancies, you have the right to inherit the tenancy if your partner was the tenant and he or she dies. For more about this, see the Community Legal Service Advice leaflet ''. Following a House of Lords judgment in 2004, same-sex couples are now treated as having the same rights in this situation as male-female couples.
7. State benefits for people living together
11. Arrangements if you have children
13. Sorting out other items you own
15. Terms used in matters to do with living together
This leaflet is published by the Legal Service Commission (LSC). It was written in association with Imogen Clout, a solicitor specialising in family law.
Latest version: August 2006
Browse topics
- Benefits
- Communications and media
- Consumer affairs
- Education and training
- Employment
- Environment and countryside
- Family and personal
- Government, law and rights
- Health and social care
- Housing and homelessness
- Immigration and nationality
- Money and tax
- Police and crime
- Transport, travel and leisure
Do you help people get advice?
If you talk to people who may need legal advice, see how Community Legal Advice can help you.
