If I do not marry him...?

Question

it is not that i do not want to but here is a legal question

he has no childrenk, no relatives and he has inherited x from his parents as only child. He has his own house, where we both live in and, I just wonder....

if something ever happened to him, and there is no will, would I have to leave the house?

Answer 1

Hi ladysorrow
I guess you got loads of people telling you what they think of you for asking that one!
You don't say how long you have lived together, this could be important as after a specific period of time you would be classified as a common law partners which would give you certain entitlements.
One drwaback is that you would immediately be expected to pay inheritance tax to the treasury ( I think this could be up to 40% of the value.
You certainly have more benefits as a wife as then it will be deemed that it is your house already & so avoid the tax problem.
Another important thing would be life insurance & the insurance of the property, ideally if something happened to one partner then it would go to the other partner automaticaly.
Obviously if he is committed to you he would want such arrangements in place asap so you should both want to discuss these arrangements wether you are married or not.
You could both do with some legal advice about your situation, why not suggest to him to arrange an appointment where these issues could be resolved
Then you can just get on with your life

I get the feeling you not sure what you want?
I hope things workout for the best

goodluck

Answer 2

I presume you love each other and can communicate with each other? Then why not put your fears in front of him? Say 'Darling, i'm worried that if anything happened to you i may have to leave this house which i love'.

When somebody dies intestate (without a Will) it causes all sorts of complications and to be honest i think any even half relative - some cousin or half-nephew or somebody could crawl out of the woodwork and put in a claim to the house.

I suggest you ask him that it would be a good idea if BOTH of you made Wills. Even if you have nothing very much at the moment, if he died and you inherited under his Will then you would have the house to leave.

If you and he can't communicate then i advise you to look up how you stand under law. I don't believe the law (UK) recognises common-law marriage. You need to find out - you probably can on the internet.

PS I just checked for you - go to www.thewillsite.co.uk It says that if you are unmarried you are entitled to nothing! Lots of info there - check it out.

Answer 3

It depends on how long you've been living with him, and what the laws are like where you live.

If you've been with him for more than seven years in a romantic relationship, you can claim that you're his common-law wife, and pursue ownership of the house in court.

Otherwise, you'd be better off if you're able to produce a marriage license proving that you're his wife, or produce a will showing that he left the house to you.

Ultimately, though, if he has no family who are likely to try and challenge a will, or try to throw you out onto the street, it's unlikely that anyone will tell you to leave if no one else wants the house. What would be difficult, though is selling it or paying taxes on it if you don't have legal title to it.

However, since property law is not my specialty, you'd be better off consulting a property law attorney. And, you'd be better off with a marriage license at any rate!

ETA: If concern about estate planning makes a person "shallow," then there are a whole lot of "shallow" people out there. Making a will and providing for the welfare of your loved ones after death is a prudent, loving, and deeply caring thing to do. The only kind of person who would deem it "shallow" are very young and immature, and imagine themselves to be both immortal and above material needs.

Answer 4

Depends on how long you lived with him and if you had any other joint things together like cars, accounts, credit cards etc. Then you could say something to the state. If he has any type of retirement or savings thru work he would have to name a beneficiary. Find out. Doesn't take much to make a will or a living trust. Good Luck.

Answer 5

If you are legally married, then you would probably inherit the house if he passed away. But it would be better if you both wrote or updated your wills when you get married, so that there is no confusion.

Answer 6

When you love someone you don't question whether marrying them is the right option for you unless you can keep their home, dear. So what if you have to leave the house? the time you spend with him there should be all that matters to you not keeping his house if something happens to him.

Answer 7

I'd ask a lawyer or better yet have him make out the Will then you know where you stand, don't guess on this one, there are so many things that can happen, I can say this casue I've got the same situation, but I think , hopefully, I'd get it, I have no chilldren and husband does, but my name is on the Deed, too

Answer 8

Are you seriously asking us if you should marry a guy based on if you would get a house what the hell is wrong with you to answer your question if he marrys you, you get everything if there is no will but if he doesn't marry you and there is no will you get nothing

Answer 9

Yes, most likely the house would go to the state, and you would have to move since you are not married to him, and not in his will.

Answer 10

If you are married you have the right to stay in the house, you get half automatically if there is no will. The rest of his belongings are divided according to a laid down formula.