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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1100
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My youngest daughter has been co-habiting with her partner

Resolved Question:

My youngest daughter has been co-habiting with her partner for over 8yrs & now they have twin babies 4mths old. My question is, does she have full rights as if married to title & property should her partner either leave her or pass away/
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

The rules for married and unmarried couples are still vastly different.

Please may I ask - is the property in her partners sole name? has he made a will?

Kind Regards

Caroline

Customer: replied 1 year ago.
the property is in his sole name & no he has'nt made a will as yet.
Customer: replied 1 year ago.
Her partner also has a Car repair business who he shares with his brother, also they jointly own a Thames Cabin cruiser worth approx £50,000.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

If they remain unmarried and then later separated - then your daughter would have no rights in respect of the property. The possible claims that she would have in respect of the property would arise if she 1) paid a deposit towards the property, 2) paid the mortgage or 3) added value to the house through renovation. If she had not done any of these things then she would have no claim in respect of the property at.

All other assets he owns – also remain his assets.

Your daughter could make a claim on behalf of their children for the provision of housing. If this type of claim was successful and property was transferred for the benefit of the children – then this would only be until the children reached 18 – then the property would transfer back to him.

If he died – without a will then the rules of intestacy would apply. This would mean that his estate would be shared equally amongst the children. If your daughter was not a spouse then she would not be a beneficiary.

I hope that this answer gives you the understanding the law treats married and unmarried couples very differently. If they were married and they were to divorce or he passed away – then your daughter would be able to make a claim in respect of the matrimonial finances and she would be able to inherit under the rules of intestacy.

I would suggest that if marriage is not on the cards, that suggestions be made about him making a will.

Do let me know if I can help you further.

Kind Regards

Caroline

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