I own a house with my partner — do we need Wills?
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Yes — and the detail that matters most is how you own the property. As joint tenants, your share passes automatically to the other owner. As tenants in common, your share passes under your Will — or, with no Will, under the intestacy rules. If you're not married, your partner has no automatic right to inherit your share. A Will makes your wishes certain.
What this means for you
The risk
Co-owners often assume the survivor automatically keeps everything. Whether that's true depends entirely on how the property is held — and on whether you're married.
What happens without Wills
- Tenants in common + no Will: your share passes under intestacy, which for an unmarried partner means they inherit nothing automatically.
- Your share could end up co-owned with relatives you never intended.
- A surviving partner may face uncertainty or even having to buy out your share.
What happens with Wills
- You each decide who inherits your share of the home.
- You can protect your partner's right to stay in the property (a life interest).
- You appoint executors and avoid the intestacy default.
How ClearLegacy helps
ClearLegacy's guided online Wills prompt you both on ownership type and how to protect each other — quick, affordable and clear about when a more complex estate needs a solicitor.
Unmarried and owning their flat as tenants in common, Mia and Jack have no Wills. Jack dies; under intestacy his half passes to his parents, not Mia — who now co-owns her home with her late partner's family. Mirror Wills leaving their shares to each other would have prevented it.
We're joint tenants — do we still need Wills?
Yes. Joint tenancy only decides what happens to the house. It does not cover anything else you own and it leaves some important gaps:
- Everything else. Savings, investments, a car and belongings in your sole name still pass under your Will. Without one, an unmarried partner gets none of them under intestacy.
- The second death. Once the survivor owns the whole house, their Will (or intestacy) decides who gets it next. Couples with children from earlier relationships often want to plan this carefully.
- Inheritance tax. The spouse and civil partner exemption does not apply to unmarried couples. Your share of the house counts towards your estate even though it passes automatically. The extra £175,000 residence nil-rate band is not available when the home goes to a partner. Larger estates can face a 40% bill on the first death.
Our guide to jointly owned property and Wills explains how to check how your home is held and how to change it.
Frequently asked questions
Do unmarried partners need Wills if they own a house together?
Yes — it's essential. An unmarried partner has no automatic right to inherit your share. How you own the property (joint tenants vs tenants in common) decides what happens and a Will makes your wishes certain.
What's the difference between joint tenants and tenants in common?
As joint tenants, your share passes automatically to the co-owner on death. As tenants in common, you each own a distinct share that passes under your Will — or under intestacy if you have no Will.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Review and confirmYou review and confirm your answers before anything is finalised.
- Receive your documentsYour Will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the Will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a Will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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