What happens if my partner dies and the bills are in their name?—The Sunday Times

Family partner Jemma Pollock with senior associates Andrew Morgan from the trusts wills and estate disputes team and Caroline Brosnan from the property litigation team, have jointly responded to a reader’s question in The Sunday Times ‘Home Help’ feature, drawing from their respective areas of expertise.

The reader queries what to expect if they are living with their partner and their partner dies first, considering that the reader is neither an executor nor a beneficiary but has contributed to household bills despite them being in their partner’s name. The reader does not have a mobile phone, driving licence or any form of ID and would have no means of making alternative living arrangements. 

The lawyers identify the lack of financial rights for cohabitees as well as the reader’s potential beneficial interest in the property. They discuss whether the reader is inhabiting part of the property through an acquired Assured Shorthold Tenancy (AST) or if they have a simple licence to occupy the property and what their rights would be in each circumstance. They advise the reader to make independent financial provisions for themselves. Additionally, the lawyers make reference to potential claims under the Inheritance Act as well as the option to secure housing through the local authority. 

The full article is available online from The Sunday Times, by subscription only. 

Jemma Pollock is in the family and children team and has significant experience in cohabitation and property disputes. Andrew Morgan is in the trust, will and estate disputes team, regularly advising clients in relation to Inheritance Act 1975 claims, domicile disputes and will challenges. Caroline Brosnan is in the property litigation team, and has substantial experience in a range of housing and property matters, including possession and homelessness.