# What happens to your home if a co-owner dies?

> Source: https://buyingtogether.co.uk/guides/if-a-co-owner-dies (updated 24 October 2026)

**Short answer:** It depends on how you own it. As joint tenants, the survivor automatically owns the whole home. As tenants in common, the dead owner's share passes under their will, or under the intestacy rules if there's no will. That can leave the survivor sharing the home with someone else.

## Joint tenants

The survivor becomes the sole owner straight away, whatever the will says. To update the title, they send the Land Registry a copy of the death certificate. There's no fee.

## Tenants in common

The dead owner's share becomes part of their estate. The survivor stays on the title but now holds that share for whoever inherits it. That might be:

- the surviving partner, if the will leaves it to them
- children, parents or anyone else named in the will
- relatives under the intestacy rules, if there's no will

Under the intestacy rules an unmarried partner inherits nothing, however long you lived together. This is the strongest reason for tenants in common to make wills.

## Selling after a death

If you own as tenants in common, your title should have a [Form A restriction](https://buyingtogether.co.uk/guides/form-a-restriction). It means the survivor can't sell alone. A second trustee, usually the executor, has to be appointed to sell with them, so the dead owner's share reaches the right people.

## The mortgage

The survivor is still responsible for the whole mortgage. Life insurance is what usually pays it off, so check your policies cover it.

## If there's no will

An unmarried partner who lived with the person who died for the two years before their death can ask the court for reasonable provision from the estate, under the Inheritance (Provision for Family and Dependants) Act 1975. It's slow, stressful and uncertain. A will avoids it.

## What to do now

- Make wills that say who gets your share, and whether the survivor can keep living there
- Check life insurance would clear the mortgage
- Make sure your title shows how you own the home

## Sources

- [GOV.UK: Who can inherit if someone dies without a will](https://www.gov.uk/inherits-someone-dies-without-will)
- [Inheritance (Provision for Family and Dependants) Act 1975, section 1](https://www.legislation.gov.uk/ukpga/1975/63/section/1)
- [Land Registration Rules 2003, Schedule 4](https://www.legislation.gov.uk/uksi/2003/1417/schedule/4)

## Make your declaration of trust

A declaration of trust template for England and Wales that two people complete online, for a home they are buying together or already own. Both must be, or will be, named on the Land Registry title. Price: £59, one payment. No subscription and no account. You see your names, property and amounts in a live preview as you type, before you pay. The full text unlocks after payment. Start at https://buyingtogether.co.uk/declaration-of-trust