Q&As
I have lived with my partner for seven years. Although I pay towards the mortgage the house is in his name. He says there is no need for him to make a will because, if he dies, I will get everything as his next of kin. Is this true?
Absolutely not! It doesn't matter how long you've been together, if he dies without having made a will you will have serious problems. Get him down to a solicitor immediately, otherwise everything he owns will go to someone else when he dies and you will have to fight to get even your mortgage payments refunded.
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My partner has a good job and a company pension. I am an artist but I also do the housekeeping while she is at work. We have made wills but I have no pension arranged. My partner says that she thinks I will be entitled to half her pension if she dies before me. Is that true?
It may be true but you should both check the small print. Not all pensions continue paying to a surviving spouse on death and even fewer will continue paying to unmarried partners. Whatever you are told, make sure you get it in writing from the pension provider. See our pensions leaflet for more details.
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I own a house jointly with my partner as tenants in common. If he dies, will I be able to stay there?
Probably not, unless the person who inherits his share agrees that you can. In order for you to inherit his share he will have to leave it to you in a will. If he would like someone else to inherit from him, he could make a will giving you the right to remain in the house for life or for an agreed period. And you could do the same. However, it will mean that those expecting to get half when one of you dies will have to wait.
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I am divorced but I have two children. I used the money from my divorce settlement to pay off the mortgage on my new partner's house (which is still in my partner's name). I live together with my two children, my partner, and his two children. We have not made wills. What would happen if he died?
You would have a tricky mess to sort out. If your partner is also divorced, his children would get all his assets including the house. You should be able to recover the money with which you paid off the mortgage but that, of itself, would not entitle you to a share in any increase in the value of the house since you moved in.
What is worse is that you could be forced to move out of the house. If you claimed against the estate your opponents would be your partner’s children and they, (if under 18) would not be able to agree to any compromise solution.
You should discuss with your partner how to treat your repayment of the mortgage. Is it a gift or a loan or are you purchasing a percentage of the whole property? If you were intending to acquire a share in the property you should make sure that a document is prepared as evidence of that arrangement or, better still, have your name put onto the deeds.
