Finance
Finance
Tony Roe (Partner, Boyes Turner) gives expert video advice on: Are cohabiting couples liable for each other's debts?; If my partner dies and we are not married, will I get any of their estate?; Am I taxed differently when in a cohabiting relationship? and more...
Are cohabiting couples liable for each other's debts?
Co-habiting couples are responsible for their own individual debts. They're only responsible, in relation to anybody else's debts, if that's a joint debt, in which case they're jointly and separately liable, which means that the creditor can go after both of them, or either one of them.
If my partner dies and we are not married, will I get any of their estate?
They don't actually feature within the intestacy rules, so one actually has to consider them and make relevant provision as one so desires within a will. However, they can make claims against your estate, potentially, if they're maintained as a former cohabitee at the time of your death--in other words, as a dependent. But a wise thing to do would be to ensure what you want to do, plan accordingly, and obviously you can make the necessary tax planning at the same time.
Am I taxed differently when in a cohabiting relationship?
Yes you are, because there aren't the same tax allowances for cohabiting couples as there are for married couples.
If my partner dies and we're not married, will I have to pay inheritance tax?
If you're cohabitees, yes, you will have to pay inheritance tax.
If we are not married, am I entitled to my partner's pension if they die?
There's no scope for co-habitees to make applications for orders against pensions where they're simply cohabiting or cohabited. The matrimonial legislation enabled married or divorcing couples to do so, but it doesn't apply to cohabiters.
If I make all the contributions to our joint account, is it legally mine?
The presumption is that it would be divided equally. You would have to show something to the contrary that featured an expressed agreement, or an agreement that was implied.
Am I legally bound to support my unmarried partner?
You're not legally bound to support your unmarried partner. People talk about palimony, but that's a concept that people see in the United States and certainly not something that happens in England and Wales.