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Living TogetherMy partner and I are unmarried and living together. Should I make a Will including him?
Yes, assuming you want your partner to inherit from you. It is very important for unmarried partners to make Wills, as without them, the surviving partner may receive nothing when the estate is distributed. Will I automatically inherit my partner's estate when they die?
No, so you must both make Wills. If your partner dies without making a Will, his or her estate will be distributed among his or her blood relatives in accordance with the rules of intestacy (see 'What happens if I die without making a Will?' for more information). Can I stay in my partner's property if they want me to leave?
This will depend on the circumstances so you should speak to a specialist solicitor straight away. Am I liable for the debts my partner has run up on our joint credit card?
From Living Together
Yes. The bank or credit card company can chase both of either of you for the whole debt. Can my partner spend all the money in our joint account?
Any money put into a joint account is treated as jointly owned so either of you can remove it at any time, even if one of you put in more money than the other. Do I have the authority to look after my partner's affairs if he becomes mentally incapable?
Not automatically, so it is advisable for you both to draw up an Enduring Power of Attorney (for England and Wales) or a Continuing Power of Attorney (for Scotland) granting each other this right. Is my partner seen as my 'next of kin' when it comes to my medical treatment?
The law is unclear on this matter. As a result, you can fill in a 'healthcare proxy appointment form', which will inform the hospital of your medical decisions. What can I do if I don't agree with the mother of my child regarding our child's upbringing?
If you don't have parental responsibility, you should try to negotiate with her, perhaps through a mediator, and, if that fails, you can apply to the court for parental responsibility (if you don't already have it) and an order to overturn her decisions. If I don't have parental responsibility, do I still have to pay child support?
From Living Together
Yes. The Child Support Agency assesses all fathers in the same way. Can I ban my partner from our home for being violent?
Yes, by applying to the court for an occupation order (in England & Wales) or an exclusion order (in Scotland). You must be able to prove that your partner has been violent or that you have suffered psychological harm. Can my partner kick me out of our rented accommodation now that we've split up?
If your name is not on the tenancy agreement, then normally, yes. Do I still have to share the costs for running the property even though I've moved out?
If you've left of your own free will, the courts may still expect you to pay your share of the mortgage, taxes and repairs, etc. but not the bills involved for actually living in it. Can my ex-partner move his new lover into the family home without my permission?
Yes, and the only way you can get the lover out is to force your partner to sell the property. Are there any taxable advantages from living together?
No, and you are particularly at a disadvantage when it comes to Inheritance Tax. If you are married and your spouse dies, you do not have to pay tax on his estate whereas a partner does.
For simplicity we use the words ‘he’ and ‘his’, but most answers apply equally to men and women and this is in no way meant to offend.
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14 May 2008
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