Ask Jonathan: I have lived with my partner for 22 years in his property, which I do not own any part of. He has left it to his children from another marriage. Do I have any rights?

There is a widely held view that when people have been living together for an extended period the law gives them the same or similar rights as a married couple. This is not so. Co-habitees have no rights to each other’s property on death if there is no will, so a will is advisable to secure the partner’s situation. In your case I note that the will has reinforced the weakness of your position.

You say that you do not own any part of the property. I assume by this you mean when the property was bought title was registered in your partner’s sole name or you moved into a property he already owned. But you may own a share of the property if you have contributed to the purchase price, paid for improvements or contributed to the mortgage. You should seek advice regarding this and if you are entitled to a share in the property your name should go on the title deeds or a trust deed be drawn to evidence your ownership of the share. These matters are easier to sort out whilst the relationship is on-going.

If your partner has made insufficient provision for you in the will, or has made none, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. To make a claim you will need to show you were living with your partner for at least two years immediately prior to their death. You can then ask the court to make reasonable provision for you out of the estate.

It may be that your partner has not appreciated how his will may affect you. Making new wills for both of you may be something you wish to raise with him.

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