What Happens to Your House When You Die UK (2026)? Joint Tenants, Sole Name and Wills

The outcome depends entirely on whether the property is held as joint tenants or tenants in common: (1) JOINT TENANTS — RIGHT OF SURVIVORSHIP: the most common ownership type for married couples and civil partners. When one joint tenant dies, their interest in the property passes automatically to the surviving joint tenant(s) by right of survivorship. This happens outside the will and outside the estate. It does not matter what the will says — joint tenancy survivorship overrides the will. The surviving co-owner automatically becomes the sole owner. No Grant of Probate is needed to transfer the property. The surviving owner simply sends HM Land Registry a completed form DJP (Death of a Joint Proprietor) with the death certificate, and HM Land Registry removes the deceased's name from the register; (2) TENANTS IN COMMON — VIA WILL OR INTESTACY: each tenants-in-common owner holds a defined, separate share (typically 50% each, but any split is possible). When one tenant in common dies, their share does NOT automatically pass to the surviving co-owner. Instead, it passes under their will (or under the intestacy rules if there is no will). The deceased's share is an estate asset requiring a Grant of Probate before it can be transferred to the beneficiary. Example: husband and wife own property as 50/50 tenants in common. Husband dies, having left his 50% share to the children. The children inherit the husband's 50% share. The wife retains her 50%. The wife and children are co-owners; (3) HOW TO CHECK WHICH YOU ARE: look at the Land Registry title register (available at gov.uk/search-property-information-land-registry for £3). If there is a 'Form A Restriction' on the register ('No disposition by a sole proprietor...'), the property is held as tenants in common. No restriction = joint tenants. Alternatively, the conveyancing documents from when the property was purchased will specify; (4) UNMARRIED COUPLES: if an unmarried couple owns property as joint tenants and one dies, the property passes by survivorship to the survivor — regardless of whether they have a will. However, the survivor does NOT benefit from the spouse exemption for IHT — the deceased's share of the property is included in the estate at its full value.

A property held entirely in one person's sole name must pass either through their will or, if there is no will, through the intestacy rules: (1) WITH A WILL: the property passes to whoever the will specifies. The executor obtains a Grant of Probate and then transfers the property (by an 'assent') to the beneficiary — or sells it and distributes the proceeds. HM Land Registry requires the Grant of Probate to process any application to change the registered owner; (2) WITHOUT A WILL (INTESTACY): the property forms part of the estate and is distributed according to the Administration of Estates Act 1925 intestacy rules: (a) Married/civil partner with children: spouse receives personal chattels + statutory legacy £322,000 + half the residue above £322,000. Children receive the other half of the residue on trust until 18. If the property is the main asset and worth, say, £500,000, the spouse receives £322,000 + half of £178,000 residue = £411,000. The children are entitled to the remaining £89,000 — including a potential share in the property. This can force a sale (unless the spouse exercises the AEA 1925 s.41 redemption right to pay the children's share in cash); (b) Surviving spouse or civil partner only (no children): spouse inherits everything; (c) No surviving spouse, no children: estate passes to parents; then siblings; then more distant relatives; (3) THE IMPORTANCE OF A WILL FOR SOLE NAME PROPERTY: without a will, a sole name property cannot be left to a cohabiting partner (who inherits nothing under intestacy regardless of length of relationship), cannot be left to step-children (who are not treated as 'children' under intestacy unless legally adopted), and cannot be left on specific terms (e.g. subject to a life interest for a spouse with remainder to children); (4) TIMESCALE: the property cannot be sold or transferred until the Grant of Probate is issued. The executor must: value the property (RICS valuation for IHT); complete IHT return; pay IHT; obtain Grant; transfer or sell.

A mortgage does not automatically disappear on the borrower's death. The debt continues and must be dealt with during estate administration: (1) THE MORTGAGE IS A DEBT OF THE ESTATE: the outstanding mortgage balance is a liability of the estate, deducted from the gross estate value for IHT purposes. If the property is worth £500,000 and the mortgage is £200,000, the net estate value for IHT includes the property at £300,000 (net of mortgage); (2) JOINT MORTGAGE — ONE BORROWER DIES: (a) Joint tenancy + joint mortgage: the property passes by survivorship to the surviving co-owner. The mortgage continues in the survivor's name. The lender is notified of the death (providing the death certificate). The survivor continues making mortgage payments — the mortgage is not called in unless the survivor defaults; (b) Tenants in common + joint mortgage: more complex. The deceased's share passes under the will or intestacy. The lender may wish to review the position and may require the survivor to refinance in their sole name; (3) LIFE INSURANCE LINKED TO MORTGAGE: many mortgages have a decreasing term assurance policy linked to them — designed to pay off the outstanding mortgage on the borrower's death. If the policy is written in trust (or is written correctly), it pays the lender directly or pays the estate and the mortgage is cleared. If the policy is NOT written in trust, it pays into the estate — and the estate pays the mortgage as a debt; (4) REPAYMENT MORTGAGES AND INTEREST-ONLY: repayment mortgages reduce over time — the outstanding balance at death may be substantially less than the original advance. Interest-only mortgages have no capital repayment — the full original amount remains outstanding at death. The estate must repay the full interest-only balance from the property sale or other estate assets; (5) EQUITY RELEASE (LIFETIME MORTGAGE): if the deceased had a lifetime mortgage or equity release scheme, the loan (plus rolled-up interest) is repayable on death. The scheme provider places a charge on the property. On death, the property is typically sold; the loan (plus accrued interest, which can be substantial) is repaid from the proceeds; and any balance passes to the estate.

The family home is often the largest asset in an estate and frequently triggers an IHT liability: (1) THE BASIC POSITION: the deceased's share of the property (or the full value if sole name) is included in the estate at its open market value on the date of death (IHTA 1984 s.160). IHT at 40% applies to amounts above the available NRBs; (2) PASSING TO A SURVIVING SPOUSE — EXEMPT: property passing to a surviving spouse or civil partner is IHT-exempt under s.18 IHTA 1984 (unlimited spouse exemption). No IHT on the first death if the property goes to the surviving spouse. IHT is deferred to the second death; (3) PASSING TO CHILDREN — RNRB AVAILABLE: if the property (or the deceased's share of it) passes to a direct descendant (children; grandchildren; stepchildren; adopted children — IHTA 1984 s.8K), the Residence Nil-Rate Band (RNRB) applies: £175,000 per person (up to £350,000 for a married couple via the transferable RNRB). Combined with the NRB (£325,000 per person; £650,000 for a couple), a married couple can pass up to £1,000,000 IHT-free to children — provided the estate does not exceed £2 million (above which the RNRB tapers); (4) PASSING TO OTHERS (NOT DIRECT DESCENDANTS): if the property passes to siblings, friends, or non-direct relatives, the RNRB is not available. Only the standard NRB (£325,000) applies; (5) TENANTED DISCOUNT: a tenanted property (investment property with a sitting tenant) may be valued at a 10-20% discount to vacant possession value — reflecting the difficulty of selling with a tenant in situ; (6) STEPS TO MITIGATE IHT ON THE FAMILY HOME: (a) Ensure wills direct the property to direct descendants to use the RNRB; (b) Check joint tenancy vs tenants in common structure (a couple may wish to sever joint tenancy to enable the first deceased's share to pass directly to children — using the first NRB + RNRB — while leaving the surviving spouse with a life interest); (c) For estates above £2m, consider downsizing to a smaller property (the RNRB downsizing addition applies post-July 2015 sales).

No — under the intestacy rules of England and Wales, an unmarried partner (cohabiting partner; 'common law' partner) has NO automatic right to inherit anything, including the family home: (1) THE INTESTACY RULES (AEA 1925): the intestacy rules only recognise: (a) spouses and civil partners; (b) blood relatives (in a defined priority order); (c) adopted children (legally adopted under the Adoption and Children Act 2002). An unmarried partner who has lived with the deceased for 10, 20, or 40 years receives nothing under intestacy — regardless of whether they shared the home, shared finances, or had children together; (2) THE JOINT TENANCY EXCEPTION: if the property is owned as joint tenants (not tenants in common), the property passes by survivorship to the surviving co-owner — regardless of whether they are married. Joint tenancy survivorship applies to ANY co-owner, married or not. This is the only automatic route by which an unmarried partner inherits the home; (3) WHAT HAPPENS WITHOUT A WILL (TENANTS IN COMMON OR SOLE NAME): the deceased's share passes to their relatives under the intestacy hierarchy: spouse/CP first; then children; then parents; then siblings. An unmarried partner receives nothing. They may be required to vacate the property if the beneficiaries wish to sell; (4) INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975: an unmarried partner who was financially dependent on the deceased (or was maintained by the deceased) may be able to make a claim under the IA 1975 for 'reasonable financial provision'. The court considers: the duration of the cohabitation; the applicant's financial position; their contribution to the home; the size of the estate. However, IA 1975 claims are expensive (court proceedings), uncertain, and provide limited rights — they do not automatically give the partner the right to remain in the home; (5) THE SOLUTION: a will leaving the property (or a life interest in it) to the cohabiting partner. This is the ONLY reliable way to protect an unmarried partner's right to the home. A WillSafe UK will kit from £35 can include this provision.