If one of us dies: unmarried couples, wills and the home

What happens if my unmarried partner dies without a will?

It’s not something anyone enjoys thinking about, but it’s worth knowing before you buy together. The short version: the law treats you as two separate people, however long you’ve been together, so what you set up while you’re both here decides what happens.

If my unmarried partner dies, what do I get? In England and Wales, when someone dies without a will, the intestacy rules decide who inherits. Married partners and civil partners are on that list. Unmarried partners aren’t. Citizens Advice puts it simply: the surviving partner won’t automatically inherit anything unless the couple owned property jointly.

So, without a will:

• Anything in your partner’s sole name (savings, a car, belongings, a home in their name only) goes to their family in an order set by law. That starts with any children, unless your partner is still legally married to, or in a civil partnership with, someone else, who would come first. If there are no relatives who can inherit, it goes to the Crown.
• Things you own jointly in the right way pass to you automatically, outside the will and the intestacy rules. A joint bank account works like this, and so does a home owned as joint tenants.
• A home owned as tenants in common is split: your own share stays yours, and your partner’s share goes to their relatives.

How you own the home is the part that matters most. When you buy together, your conveyancer asks whether you want to be joint tenants or tenants in common, and that one answer changes what happens if one of you dies.

What happens to the home if you own it as joint tenants?

As joint tenants you don’t have separate shares: you both own the whole home. If one of you dies, the other automatically owns all of it. This is called survivorship.

Two things follow from that:

• A will can’t change it. GOV.UK is clear that joint tenants can’t pass on their ownership in a will. If your will leaves “my half of the house” to your sister, the home still goes to your partner.
• Updating the register is simple. GOV.UK says the surviving owner fills in Form DJP and sends it to HM Land Registry with an official copy of the death certificate, so the name of the partner who died is taken off.

For many couples who put in the same and want the home to go to each other, this is exactly what they want. It’s simple, and it works even if neither of you gets round to a will.

It’s less of a fit if one of you put in much more and would want that money to go to someone else, such as children from a previous relationship. Under joint tenants, the whole home goes to the survivor. If that’s not what you both want, tenants in common with wills lets you choose. Read joint tenants vs tenants in common for the full comparison.

What happens to the home if you own it as tenants in common?

As tenants in common you each own a share, which can be equal or unequal. Your share doesn’t pass to your partner automatically. GOV.UK says you can pass it on in your will, and Advicenow says that if you want your partner to inherit your share, you must make a will.

Without a will, the intestacy rules decide, and an unmarried partner isn’t included. Your share goes to your relatives instead. The surviving partner keeps their own share, but now owns the home with your relatives.

That can work out if everyone gets on. If it doesn’t, either side can ask a court to decide what happens to the home, which can include ordering a sale (section 14 of the Trusts of Land and Appointment of Trustees Act 1996). Advicenow says that in this situation the home will have to be sold, and the surviving partner gets only their own share of the money.

The fix is simple and fair to both of you: if you own as tenants in common, make wills that say where each share goes. You might leave your shares to each other, or provide for both your partner and children from before. These are choices to make together, with whoever writes your wills.

If you’re joint tenants now and want to change, that’s called severing. Our guide to severing a joint tenancy explains the notice and the HM Land Registry form.

How much would each of you get? A worked example

Alex and Jordan buy a home together. Alex puts in a £40,000 deposit and Jordan puts in £10,000. They agree that if they ever sell, each gets their deposit back first and the rest is split equally.

A few years later the home is worth £330,000 and there’s £230,000 of mortgage left, so there’s £100,000 of value in the home. On their agreed split, Alex’s share is worth £65,000 and Jordan’s is worth £35,000.

Now say Alex dies.

How they own it, and Alex's will	Jordan ends up with	Alex's £65,000 share goes to
Joint tenants, any will or none	The whole home (£100,000)	Jordan, automatically
Tenants in common, will leaving the share to Jordan	The whole home (£100,000)	Jordan, under the will
Tenants in common, will leaving the share to Alex's child	Their own share (£35,000)	Alex's child
Tenants in common, no will	Their own share (£35,000)	Alex's relatives, under the intestacy rules

Illustration only. Values are after the £230,000 mortgage, which still has to be paid, and ignore tax and costs.

The same applies the other way round. If Jordan dies first, owning as tenants in common with no will, Jordan’s £35,000 share goes to Jordan’s relatives, not to Alex.

None of these rows is wrong. Joint tenants suits Alex and Jordan if they both want the whole home to go to the survivor. Tenants in common with wills (the highlighted row) gets the same result, while still recording that Alex put in more if they split up. The row to avoid is the last one, because it happens by default rather than by choice.

To see how different splits work out with your own numbers, try the deposit split calculator.

What if the will doesn’t provide for the surviving partner?

If there’s no will, or a will that leaves the surviving partner out, there’s one more route. Under the Inheritance (Provision for Family and Dependants) Act 1975, some people can ask a court for reasonable financial provision from the estate. This includes:

• A partner who lived with the person who died in the same household, as if they were married or civil partners, for the whole of the two years immediately before the death.
• Anyone who was being supported financially by the person who died, wholly or partly, immediately before the death. There’s no two-year rule for this.

For an unmarried partner, “reasonable” means what’s reasonable for their maintenance, which is a narrower test than a husband, wife or civil partner gets. The court looks at the circumstances and decides; nothing is automatic.

There’s a time limit. An application should be made within six months of the date the grant of probate or letters of administration is first taken out. A court can allow a later claim, but only with its permission.

This is a court claim, so it’s a safety net rather than a plan. If you think it might apply to you, talk to Citizens Advice or a solicitor who handles inheritance claims as soon as you can.

What about the mortgage, life insurance and pensions?

The mortgage. How you own the home and who owes the mortgage are separate. Citizens Advice says a debt in joint names can still be recovered from the person who survives, so with a joint mortgage the surviving partner is still responsible for the payments. Our guide to joint mortgage liability covers joint debts in more detail.

Life insurance. Citizens Advice says a life insurance, endowment or mortgage protection policy may pay off the mortgage if the person with the mortgage dies. Check what cover you each have, who it would pay out to, and ask the insurer about writing it in trust.

Pensions. Citizens Advice says what a pension pays to a partner depends on the scheme’s rules, and where a scheme can pay a partner, you fill in an “expression of wishes” form saying who you want benefits paid to when you die. Name each other if that’s what you both want, and keep it up to date.

Inheritance tax. Married couples and civil partners can leave everything to each other free of inheritance tax, but unmarried partners don’t get that exemption. Whether any is due depends on the size of the estate; the basic tax-free threshold is £325,000, and GOV.UK has the details.

Is a couples agreement the same as a will?

No. A couples agreement (also called a cohabitation agreement, or a house buying agreement when you’re buying together) records how you share the home and money: who put in what, who pays the mortgage and bills, and what happens if you sell or split up. Courts can take a clear, signed agreement into account if you ever disagree about your shares.

But it doesn’t decide who inherits. If one of you dies, your share goes where your will says, or under the intestacy rules if there’s no will. A good couples agreement points to your wills rather than replacing them, and the two should say the same thing. For example, if your agreement records that Alex’s deposit comes back first, Alex’s will can say who gets that share.

Wills also need looking at when life changes. In England and Wales, getting married or forming a civil partnership cancels any will you made before, unless the will shows you expected to marry that person and meant it to carry on. If you’re planning to marry, read getting married after buying a house.

From 5 June to 14 August 2026 the government consulted on proposals to change the law for cohabiting couples when a partner dies without a will. When we checked on 3 October 2026, GOV.UK said it was analysing the responses, and nothing has changed in law yet. See cohabitation law reform 2026. Today’s rules apply until a new law is passed and comes into force.

What should you do next?

1. Find out how you own your home. Your conveyancer can tell you, or check your title register with HM Land Registry. If you’re still buying, decide together before you answer the conveyancer’s question.
2. Agree the money side together. Start free, together: a 10-minute conversation you do side by side, and your answers stay on your device. Read how an agreement counts for what makes it carry weight.
3. Make a will each. Say where your share of the home goes, and what happens to everything else. GOV.UK explains how to make a valid will. Don’t ask your partner to witness it, as you can’t leave anything to a witness.
4. See a solicitor for your wills if either of you has children from before, you own as tenants in common with unequal shares, family money is involved, or you want to provide for both your partner and children. GOV.UK says you should get advice if your will isn’t straightforward.
5. Check your pension nominations and any life insurance, and name each other where that’s what you both want.
6. Look again after big changes: a new home, a child, getting married, or separating.

For free, independent help, Citizens Advice and Advicenow both have plain-English guides on living together, wills and what happens when someone dies.