Property (Relationships) Act 1976

So they're in a relationship, but they don't live together.

Does the Relationship Property Act apply?

Most likely, yes.

If you're identifying yourself as in a relationship, you will qualify.

And if something does happen and you do break up, somebody gets told about these default rules.

And despite not maybe treating it that way during the relationship, somebody could easily turn around and say, well, the law permits me to do this, so I'm going to do it.

Right, so it is a matter of being quite vigilant around the Relationship Property Act, isn't it?

Yeah, we've got a whole episode on that about identifying whether you're in a relationship or not in the eyes of the law, because it's not like anyone has ever sent a letter to say, congratulations, you've met the status of de facto, which none of us ever use in a normal conversation, and here's a whole bunch of rules that apply to your relationship now.

So you could be separated from your partner who's driven you batty and they're still entitled to your will unless you redo your will.

Because they can make a claim under the Property Relationship Act and say, you know, if they're your residuary beneficiary, then technically those assets are going to them.

because you haven't formally made the decision to change your will.

And then the problem that you've got, of course, is you've got those next layer down beneficiaries who are going, hold up, but they were separated for 10 years.

The first issue you're going to have is the wife is going to go – I don't know if I'm happy with 155 plus a third.

And she shouldn't be, just accidentally.

So you're probably looking at the potential of a property relationship act claim for her to be able to actually get her half of the house.

So she's going to have to get independent legal advice in respect of that and work out what her rights are.