Does Common Law Wife Still Exist In The Law?

[prendi]

my daughter has bought a house with her boyfriend and shares all the bills etc he has been diagnosed with an illness.if anything should happen to him,God forbid,who will get his money and share of the house?they haven't got a will so I wondered if it would go to his mum and dad?also is my daughter his next of kin or his parents? thanks.

[boxtops]

It's a very difficult situation, prendi, and the will is an absolute must if they are not married. Otherwise she has no call on the property and yes, his next of kin would benefit if he should die intestate. She's not next of kin, she just lives with him in the eyes of the law. IMO.

[ubasses]

If they have bought the house as joint tenants it will become hers, but if as tenants in common his share will go to his next of kin, which is not her. Even if it is in joint names it really is important that they make Wills as any other assets he has will not go to her.

[VHG]

No such thing as "common law wife". the concept does not exist in law.

How can your daughter be next of kin if there is no legal ink between her and the boyfriend.

[VHG]

Sorry not "legal ink" but "legal link"

[lcg]

he needs to make a will (and so does she) in order to plan for this situation! otherwise, their future could get very messy if either of them passes away while they are together. also, make sure your daughter keeps a clear record/statements of wht she has put into the house (deposit/mortgage payments/bill contributions/car ownerships etc.). otherwise, if they split and there is no paper trail, she or he could be screwed out of the house/money/common property. they should talk about all of this now and up front before anything goes sour - it's not unromantic or hard-nosed....it's called being sensible and watching your back. after all....you wouldn't just wander down the street giving hundreds/thousands of pounds to other people would you? if they don't make this clear now, that is what will happen down the line if things go sour. talk to them both and get them to plan this out properly and legally.

[hc4361]

'Next of kin' has no legal meaning in the UK and anybody can be nominated as your next of kin, doesn't need to be a blood relation or any relation.
The next of kin does not automatically inherit if you die intestate , either.

The closest blood relative automatically inherits where there is no will and the deceased is not married or in a civil partnership.

As already stated if they bought the house as joint tenants she will automatically inherit his share of the house but that does not include all his other possessions, monies etc.

They should both write wills.

[hc4361]

lcg, she is also an owner of the house.

[LyndaB]

There is no such thing as a common law wife, a few of my acquaintances have found this out to their cost lately. One was engaged to be married to a man when he was killed in an accident - thank goodness she had not sold her own house or she would have been out on the street. Another friend of mine has lived with her partner for years and years but the house they lived in was in his name alone. He has died suddenly and it now belongs to his two brothers, along with a hefty life insurance policy he had. A very dear friend of mine had lived with her partner for 20 years and we talked her into marrying him - praise The Lord she did otherwise she too would now be out on the street as he left no will and his family have turned very nasty indeed.

Make sure they both make a will (make sure it's properly done too,otherwise it will be declared invalid)

[lcg]

hc....i did say she also needs to make a will and that the keeping of financial documentation will protect both of them in the event of death or a split.

[New Judge]

I don't know how the notion of "common law" spouse gained credibility. It has never meant anything in law.

For your information (or more properly your daughter's) should her boyfriend die without leaving a will (assuming he has no children) his parents will receive his entire estate, including his share of the property if he and your daughter owned it as tenants-in-common.

[Kassee]

This is all very interesting, and surprising. Can I ask, is it different if the couple have a child. My daughter and her partner have brought a property together, and have a child together. What would happen to the property if he died ? What would happen to his half share ? If there is no such thing as a common law wife ?

[ubasses]

If the house was owned jointly it would go to her, if as tenants in common his share would be divided between your daughter and any other children he may have.

[tonywiltshire]

There is no such legal recognition as a common law wife in English/Welsh law or next of kin, common law has been built up over centuries, if your daughter is living with her boyfriend she is cohabiting like many others. If she has purchased property with her boyfriend make sure she is named as a joint owner at the land registry and they both should make a will.
If your daughter’s boyfriend should die without making a will the law of intestacy will be used and the size of his estate will be a factor, the usual rule is:
Spouse or civil partner.
Issue.
Parents.
Brothers or sisters

[Old_Geezer]

It would be so much easier if you were able to simply nominate a "partner" on their tax form. Why should it matter is they are married or even live in the same country ? It ought not be for governments to dictate how folk live and penalise them if they don't jump through the hoops put up. Meanwhile we have to work with the reality we have :-(

[New Judge]

Government is not dictating how people should live, OG. All it has done (and it has been in place for many years) is to lay a framework in law for how assets are divided in the case of intestacy. It is addressing the reality we have. That reality is that somebody has died without leaving a will and some rules must be in place to determine how their assets are distributed.

Nominating a partner on a tax form is not the way to address this problem. Tax forms are for tax purposes, not for distribution of assets on death. Only a properly drafted, signed and witnessed will can ensure that assets are distributed in accordance with the deceased’s wishes.

[EDDIE51]

As has been said this could be a right mess as it stands, all can be settled by just the two of them getting married. It does not have to be a big affair just the two of them and a witness at a registry office will do.
Those who say ''Marriage is just a piece of paper'' could not be more wrong!
To reinforce what has been said , there is no such thing a 'common law wife/husband' so tell them get married or get a will written!

[tonywiltshire]

OG has a point as does NJ but if we were to nominate a person on tax or any other return what would happen to the, probably sizeable, percentage of the population who make neither a will or nomination? There would have to be legislation to order this and punishment for those who chose not to comply and someone to ensure either a will or nomination were made, and at what age?
Upon reflection OG I think you will agree that the present method of having a system (intestacy) which deals with the position where a will is not made and the estate does not go to the Crown unless there are no living relations is the best that can be devised.
If you require what you leave to be distributed as you would wish then please then make a valid will.

[prendi]

thanks for all the replies,much appreciated!!