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Cohabitation

Cohabitation and Inheritance

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I have been living with a man for many years now. His wife refuses to divorce him .They have grown up children . He has not made a will. Would I be entitled to inherit if he dies ?

Cohabitation Cohabitation and Inheritance

As long as a man who has left home to cohabit with another woman remains legally married to his wife , and has not made a will, she, and not the woman he lives with, will inherit his property, according to the terms of the 1965 Inheritance Law . His children will also be his heirs, again according to the terms of the 1965 Inheritance Law. This legislation contains a condition concerning the eligibility of a cohabitee to have rights to a deceased cohabitee’s estate as a common-law spouse -neither of them can be married to anyone else at the time the deceased passes away. In your  case, your “man” is married which would prevent you, as his cohabite,  from inheriting as his common-law wife,  if he died.

I have been living with someone who is fairly well off for many years but we are not married. He is very ill and I am worried about how I will survive when he dies. Am I entitled to any monthly sum ?

Cohabitation Cohabitation and Inheritance

The Inheritance Law of 1965 provides for maintenance from a deceased’s estate for both women who were married and for unmarried women (cohabitees). For a cohabitee to be entitled to maintenance from the estate under the act she must have been living together with the deceased when he died and neither of them should have been married to anyone else.

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