Legal benefits of marriage

Shewhomustbe...

Hi,

I'm currently involved in a discussion - after being told of serious tax implications should either I or my partner die - regarding marriage. I've never had the slightest desire to get married, and either has my partner. We had thought we'd have some legal and financial protection given the changes in society etc, we've been living together for thirteen years, in our own home for eight, but got told legally we are considered strangers.

I can't afford to visit a solicitor at the moment so I'm hoping someone can confirm or refute, and then I can break out the strong stuff

slimjimmc

You might glean some info from http://www.citizensinformation.ie/en/birth_family_relationships/

johnnyskeleton

Shewhomustbe... wrote: »

Hi,

I'm currently involved in a discussion - after being told of serious tax implications should either I or my partner die - regarding marriage. I've never had the slightest desire to get married, and either has my partner. We had thought we'd have some legal and financial protection given the changes in society etc, we've been living together for thirteen years, in our own home for eight, but got told legally we are considered strangers.

I can't afford to visit a solicitor at the moment so I'm hoping someone can confirm or refute, and then I can break out the strong stuff

If you can't afford a solicitor then I guess the house is the only asset? Contact your life assurers and they will probably give you a rough idea as to what's involved.

CIARAN_BOYLE

Shewhomustbe... wrote: »

Hi,

I'm currently involved in a discussion - after being told of serious tax implications should either I or my partner die - regarding marriage. I've never had the slightest desire to get married, and either has my partner. We had thought we'd have some legal and financial protection given the changes in society etc, we've been living together for thirteen years, in our own home for eight, but got told legally we are considered strangers.

I can't afford to visit a solicitor at the moment so I'm hoping someone can confirm or refute, and then I can break out the strong stuff

Well you aren't legally strangers but you don't have the same rights as a married couple.

That said if the only asset is your house then the surviving parter can afaik inherit without paying tax since its your dwelling property. After that there is a threshold of around 20K before you have to pay inheritance tax.

Thing you should ask yourself, will signing a form in a government office change anything, and if not, why not do it since it will give you some extra legal rights.

ResearchWill

CIARAN_BOYLE wrote: »

Well you aren't legally strangers but you don't have the same rights as a married couple.

That said if the only asset is your house then the surviving parter can afaik inherit without paying tax since its your dwelling property. After that there is a threshold of around 20K before you have to pay inheritance tax.

Thing you should ask yourself, will signing a form in a government office change anything, and if not, why not do it since it will give you some extra legal rights.

In relation to the family home it all depends on how the property is owned, so OP if that's the only asset then go to solicitor who arranged purchase, ask him what are the inheritance issues. As your there set up a will for both of ye so as to set everything out.

If you have more assets as someone has stated you can arrange an insurance policy to pay tax liabilities.

Also be aware that the new civil partnership act has implications on person co-habiting. http://www.anthonyjoyce.ie/civil-partnership-act-effects-cohabiting-heterosexual-couples-ireland/

neverfindaname

Not sure how you bought your house, i.e. joint tenants? Are both your names on the mortgage and the family home? In any event, co-habiting laws are now recognised, so you don't have to be married to 'claim your share' but by being married it gives you an automatic entitlement in the event of death (presuming no kids outside of wedlock)

Carawaystick

There are Income tax benefits if both of ye aren't paying the top rate,
There are social welfare benefits if ye both are unemployed particularly if one of ye is self employed
There is a widows pension if one of ye die before retirement age

If one of ye were to get seriously ill, some hospitals may not recognise the unmarried parter as family, particularly if a parent thought they should stick an oar in.

Shewhomustbe...

Thanks so much for you all replying. My apologies for taking so long to get back, I didn't realise there'd been so many!!
Thanks slimjimmc, I did manage to find some answers from the Citizens Advice.

It is only myself and my partner, and the big asset would be the house, both our names are on the deed. Neither of us has ever been interested in getting married, various personal reasons, and while we both know we wouldn't be offered the same legal protection/rights as a married couple, it was a bit shocking to hear one of us could lose the house (become bankrupt) if the other had died, even after living together for thirteen years, eight in our own home.

I'm going to try and get some spare cash together and make an appointment with a solicitor to confirm our position and draw up wills.

Thanks again everyone