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Banking

Not married or not civil partnered

Separate accounts

If you are not married, or not in a civil partnership, and you and your partner have separate bank accounts, neither of you can have access to money held in the other's account. If one of you dies, any funds in the account will become part of the estate and cannot be used until the estate is settled.


Joint accounts

If you have a joint account, you both have the right to access the money in the account. Even though you are unmarried or not civil partnered, if one of you should die, the whole account would immediately become the property of the other.

If you are the only one putting money into the joint account, the strict legal position is that the money and any purchases you make from it ultimately belong to you.

 

Married or civil partnered

Separate accounts

If you are married or civil partnered and have separate bank accounts, you cannot access money in your spouse's or partner’s account without their permission. If one of you dies, the account would become part of the inheritance acquired automatically by your spouse or civil partner, unless a will instructs a different course of action.


Joint accounts

If a married or civil partnered couple has a joint bank account, the money (including any debts / overdrafts) is owned jointly regardless of who put it into (or took it out of) the account. On the death of one partner, the whole account immediately becomes the property of the other.

 

   
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Married or not is part of LivingTogether - a campaign led by Advicenow.org.uk to inform cohabiting couples of their legal rights. The Nuffield Foundation and the Department for Constitutional Affairs supported One Plus One's development of material for Married or Not. The legal information on this site was checked by Sarah Forster.

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Disclaimer: This website is intended to offer general non-specific guidance in outline form. Those accessing it should not rely solely on the information or advice it contains.