I own my house outright
In short
A mortgage-free home is usually the largest part of an estate, so it makes having a clear will essential. A property in your sole name passes under your Will (or intestacy) and normally requires probate to sell or transfer. How you want it to pass — to a partner, children, or in trust — should be set out explicitly.
The situation
You own your home with no mortgage, in your sole name.
What happens legally
A solely-owned property is a core part of your estate:
- The home passes under your Will; with no Will, it passes under the intestacy rules to your spouse and/or blood relatives.
- Probate (a grant of representation) is normally required before the property can be sold or transferred.
- If you want an unmarried partner to inherit or remain in the home, only a Will (or a trust) can achieve that.
- The home may use your residence nil-rate band for inheritance tax if left to direct descendants.
The risks
- Without a Will, your home may pass to relatives you did not intend, or be sold to split the estate.
- An unmarried partner has no automatic right to stay in a solely-owned home.
- A valuable home can create an inheritance tax bill if your estate exceeds the available thresholds.
Recommended actions
- Make a Will that states clearly who inherits the property.
- Consider a life-interest trust if you want someone to live there before it passes to others.
- Check whether the residence nil-rate band applies to your situation.
- Keep the title and any deeds accessible for your executors.
Sources
- Administration of Estates Act 1925 — legislation.gov.uk
- Inheritance Tax Act 1984 (residence nil-rate band) — legislation.gov.uk
- GOV.UK — Applying for probate
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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