Buying a Property with Your Partner: What Happens to Your Share if You Die?

When you and your partner purchase a property together, it’s wise to consider not only how you’ll live in and manage the property now but also what will happen to your share of it if one of you dies. The outcome can depend heavily on how you hold the property legally, whether you have a valid Will, and what your intentions are for the future.

Many couples, married or unmarried, underestimate the legal and tax consequences of co-owning property. Unintended outcomes can arise if the ownership structure isn’t aligned with your wishes for inheritance and estate planning. Knowing your options now can save stress, cost and uncertainty for your partner and your wider family later.

How co-ownership works: Joint Tenants vs Tenants in Common

When two or more people buy a property together in England & Wales, the legal ownership must be held as one of two forms:

• Joint tenants: all the owners are treated as owning the whole property together.
• Tenants in common: each owner holds a defined (or definable) share of the property (e.g., 50:50 or 70:30) which they can leave in their Will.

Joint tenants – key features

• On the death of one co-owner, the deceased’s interest in the property automatically passes to the surviving owner(s) by the right of survivorship.
• The deceased cannot leave their “share” of the property to someone else in a Will, because under joint tenancy the share isn’t a separate asset.
• This structure often appeals to couples who want the surviving partner to continue owning the home without legal delay.

Tenants in common – key features

• Each co-owner has a distinct share, which may be equal or unequal depending on contributions or agreement.
• When one co-owner dies, their share does not automatically pass to the surviving co-owner(s). It forms part of their estate and passes by Will (or, if none, via the intestacy rules).
• This structure offers flexibility: each co-owner can decide who receives their share (children, relatives, partner, etc).

What to discuss and decide with your partner before buying

To ensure that your property ownership and future inheritance align with your intentions, consider and agree the following:

Which form of ownership suits you: joint tenants (if you want automatic full ownership for the survivor) or tenants in common (if you want more control over who inherits your share).

Whether you want equal shares or different proportions: under tenants in common you can specify different percentages.

What happens in the event of death: do you want your partner to get your share, or do you want to leave it to children, family, or other beneficiaries?

Drafting a Will: even if you own as joint tenants, you should still have a Will to cover other assets; if you own as tenants in common, your Will should specify who gets your share.

Reviewing mortgage, taxation, and estate-planning implications: joint vs tenants in common can have tax, care or estate consequences.

Regularly reviewing your ownership and estate planning: circumstances change (relationship breakdown, contributions change, children, second relationships).

Practical steps you can take now

• Ask your conveyancing solicitor at the time of purchase: “Are we to hold as joint tenants or tenants in common?”
• If holding as tenants in common, execute a Declaration of Trust (or similar) to record the shares and rights of each person.
• Make or update your Will. Ensure it reflects your share in the property (if tenants in common) and other assets.
• Confirm with the HM Land Registry the form of ownership registered (joint tenants vs tenants in common). The official guidance states you can check the ownership category online.
• If you already own as joint tenants but your circumstances have changed (for example you want your children to inherit your share rather than the partner), consider severing the joint tenancy and switching to tenants in common.
• Periodically review your estate plan: changes in relationship, children, finances, tax law might warrant a change.

Why get legal advice

The decision you make about how to hold a property with your partner is not just about today, it affects your rights, your partner’s rights, your beneficiaries, tax, and the ease or difficulty of dealing with your estate. A specialist Conveyancing or Wills & Estate Planning solicitor can help you:

• Choose the correct form of ownership given your circumstances.
• Draft and register the correct legal documentation (e.g., Declaration of Trust).
• Draft or update your Will so your intentions are clear and enforceable.
• Understand and mitigate tax, pension, and care-planning implications.
• Avoid unintended outcomes (for example: your partner not inheriting your share, or your children being frozen out).

How can Hegarty help?

If you and your partner are buying a property together, and you want your partner to receive your share if you die, the simplest route is to hold the property as joint tenants. This gives automatic survivorship to your partner.

However, if you want to control who inherits your portion (for example children from a previous relationship, family, etc), or if you contributed different amounts, then holding as tenants in common may be the better choice – but you must also have a valid Will and proper documentation.
Whichever route you choose, get the structure right before you buy (or as soon as your circumstances change), and make sure your Will and estate plan reflect your wishes.

If you’d like to discuss your property purchase, the appropriate form of ownership, or review your Will and estate plan to ensure your partner is protected, contact our team today. We’ll provide clear, practical advice tailored to your situation.