What Happens to a Jointly Owned House When Someone Dies?

Where a property is owned as beneficial joint tenants, the owners do not hold separate shares. Instead they hold the whole property together, and when one owner dies, their interest automatically passes to the surviving owner or owners by the right of survivorship. This happens by operation of law and takes priority over anything said in the deceased owner's will, so a will cannot be used to leave a joint tenancy share to someone else.

This form of ownership is common between married couples and long-term partners because it is simple and guarantees the survivor keeps the home. It continues automatically each time an owner dies, until only one owner remains holding the property outright.

Where a property is owned as tenants in common, each owner holds a specific share, which does not have to be equal, for example 50/50, 70/30, or shares reflecting different financial contributions. When one owner dies, their share does not pass automatically to the other owner. Instead it passes according to their will, or under the intestacy rules if they have no will.

This structure is often chosen deliberately, for example by unmarried couples who want to protect their individual contribution to a property, or by people who want to leave their share to children from a previous relationship while a partner continues to live in the home.

You can check how a property is held by looking at the title register held at HM Land Registry, which can be obtained for a small fee. Where the property is held as tenants in common, there is usually a Form A restriction registered against the title, which is a clear signal that the ownership is not a joint tenancy.

If there is no restriction of this kind, the property is most likely held as joint tenants, though it is worth confirming this rather than assuming, particularly for older properties or ownership arrangements set up some years ago.

A joint tenancy can be converted into a tenancy in common by a process called severance, most commonly by serving a written notice of severance on the other joint owner or owners. Once severed, each owner holds a defined share, typically equal unless otherwise agreed, and that share can then be left under a will rather than passing automatically by survivorship.

People sever a joint tenancy for various reasons, including planning for inheritance tax, wanting to provide for children from an earlier relationship, or because a relationship has broken down. After severance it is sensible to register a Form A restriction at HM Land Registry against the property, and to make or update a will that reflects the new position, since a severed share no longer passes automatically.

It is a common mistake to leave a share of a jointly owned house in a will without checking that the ownership is actually structured to allow that. If the property is held as joint tenants, any gift of 'my share of the house' in a will has no effect, because there is no separate share to leave; the whole property will pass to the survivor regardless.

My Posh Will is an online guided will service for England and Wales that helps you record how you want your property dealt with, alongside guidance on checking your ownership type. A single will costs £69 and mirror wills cost £89, both one-off payments with lifetime access, and the process typically takes around ten minutes, with instructions on signing and witnessing included.