What happens to jointly owned property when one owner dies?

If you are joint tenants, the deceased's share passes automatically to the survivor by survivorship. If you are tenants in common, the share passes under the deceased's will, or under intestacy if there is no will.

Can I leave my share of a jointly owned home to my children?

Only if you own it as tenants in common. As joint tenants, your share passes automatically to the co-owner and cannot be left by will. You can sever the joint tenancy to change this.

I own property with my partner

England & Wales · Property

In short

With co-owned property, the form of ownership decides everything. As joint tenants, your share passes automatically to your co-owner on death. As tenants in common, your share passes under your will (or intestacy). You can change between the two, and the right choice depends on your relationship and whether children need protecting.

The situation

You own a property jointly with your partner or someone else.

What happens legally

Joint ownership comes in two forms with very different outcomes:

Joint tenants: survivorship applies — your share passes automatically to the surviving owner, outside your will and without probate for that transfer.
Tenants in common: you each own a distinct (possibly unequal) share that passes under your will, or under intestacy if you have no will.
You can convert joint tenancy to tenancy in common by serving a notice of severance — common when couples want each share to pass under their own will.
The Land Registry title shows which form of ownership applies.

The risks

Joint tenancy can frustrate plans to leave your share to children, because it overrides your will.
Tenants in common with no will can see a share pass to unintended relatives.
Mismatched ownership and will provisions are a frequent cause of disputes.

Recommended actions

Check your title to confirm joint tenants or tenants in common.
Decide which form matches your wishes and sever the joint tenancy if needed.
Align your will with how the property is owned.
Consider a life-interest trust to protect both a partner and children.

Sources

Law of Property Act 1925; Trusts of Land and Appointment of Trustees Act 1996 — legislation.gov.uk
HM Land Registry — Joint property ownership (GOV.UK)
GOV.UK — Make a will

Reviewed by: Michael Smith, Estate Planning Specialist
Last reviewed: June 2026
Next review: December 2026
Jurisdiction: England & Wales

Match your ownership to your wishes.

Take the free 3-minute ClearLegacy Estate Risk Assessment.

Check my estate risk

I own property with my partner

What happens legally

Sources

Related guides & answers

Match your ownership to your wishes.