Cohabitees with property and other assets with a combined value of more than # 650,000 face an inheritance tax (IHT) charge if one party dies.
However, amendments in England (and additional prospective amendments) to HA 1985 (among other things and in specified circumstances) have aligned the position of
cohabitees with those married or within a civil partnership.
COHABITATION BREAKDOWN WITHOUT THE LEGISLATION
Cohabitees with a property in joint names and no express trust?
Not exact matches
This concerned the position of
cohabitees under the Fatal Accidents Act 1976 who would be dependants for those purposes only if they have lived
with the deceased as husband and wife (or civil partner) for at least two years prior to the death.
Together
with the Supreme Court's acceptance that an intention can be imputed, the judgments in Kernott do appear to represent a move by the judiciary to bring the position for non-married former
cohabitees more in line
with their married counterparts.
The Court of Appeal was satisfied that the relationship of an unmarried
cohabitee was not equivalent
with that of a spouse or civil partner in the context of a Widowed Parent's Allowance and that there was no violation of Human Rights.
Should the fortune be greater, the rest is shared out according to a set formula,
with cohabitees and step - children losing out to close relatives and even Her Majesty's Treasury under current intestacy legislation.
For the twenty - four years I worked almost exclusively in family law, dealing primarily
with divorce, ancillary relief (financial / property settlements on divorce), private law children matters and
cohabitee disputes.