If you’re in a long-term relationship but not married, you might assume that the law will protect you and your partner in the same way it protects spouses. Unfortunately, that’s not the case. The recent Supreme Court decision in Standish v Standish reinforces a crucial message: unless your intentions are clear and legally documented, you may be left with far less than you expected—whether after a breakup or the death of a partner.
In Standish v Standish, a husband had transferred substantial wealth into his wife’s name during their marriage, largely for tax planning and estate purposes. When they later divorced, the wife claimed that the assets had become shared marital property. But the court disagreed. It found that the money had been kept separate, earmarked for their children, and never treated as “family money.” The takeaway? Even if an asset is initially yours but then transferred in your partner’s name, it doesn’t automatically mean it belongs to both of you—and vice versa.
So what does this mean for unmarried couples?
1. Legal ownership doesn’t tell the whole story
The court in Standish confirmed that what matters is the couple’s shared intention, not just whose name is on the title or account. If you buy a property together or contribute financially (or even through unpaid work like home improvements or childcare), but don’t formalise your agreement, you may struggle to claim your fair share later.
2. Make a Declaration of Trust
When buying a property, especially if you’re contributing unequally to the deposit or mortgage, a Declaration of Trust is essential. This document clearly states who owns what share and how the proceeds will be split if the property is sold. Without it, courts must rely on indirect evidence of your intentions, which is often unclear or disputed.
3. Write a cohabitation agreement
This legal agreement can set out who pays what, who owns which assets, and what happens if you split up. It’s especially important if one partner moves into a home owned by the other, or if one of you is financially dependent on the other.
4. Don’t assume you’ll inherit
Unmarried partners do not automatically inherit anything if the other dies without a will. If you want your partner to receive your share of the home, savings, or personal possessions, you must make a valid will. Without it, your estate will pass to your closest blood relatives—even if your partner lived with you for decades.
5. Plan for the future—now
Standish v Standish makes one thing very clear: good intentions aren’t enough. If you want to protect yourself and your partner, take practical legal steps now. That means making wills, declaring ownership shares, and seeking advice on how best to secure your position—whether for a shared life or an unforeseen end to it.
At its heart, this case is a reminder: if you want to be treated as a couple in the eyes of the law, you must plan like one.
Here at Wellers we can help – Please contact Daniela on 020 8290 7979 or email enquiries@wellerslawgroup.com