Joint Property and Unmarried Couples: Will Planning Guide

Emma and James bought their London flat together in 2019, splitting the £60,000 deposit equally and sharing mortgage payments. They owned the property as "joint tenants"—the default option their solicitor recommended.

When Emma died suddenly from a brain aneurysm at 36, James assumed he'd automatically inherit her half of the property. He was wrong.

Because Emma had made a will leaving everything to her teenage daughter from a previous relationship, and because joint tenancy only applies when you die without changing the ownership structure, James found himself in a year-long legal battle over a property he'd contributed £150,000 toward. The confusion cost him £18,000 in legal fees and nearly forced him to sell the home they'd shared for five years.

Emma and James's mistake wasn't the will—it was not understanding how property ownership types interact with wills. For the 3.5 million unmarried couples in the UK who own property together, getting this wrong can mean your partner loses the home you built together, even if you've lived there for decades.

This guide explains exactly how joint property ownership works for unmarried couples, when your will can override joint tenancy, and how to protect your partner's future.

Why Property Ownership Matters More Than Your Will (If You're Unmarried)

Here's the fundamental principle that trips up thousands of unmarried couples every year: your property ownership type can override what your will says.

If you own property as joint tenants, the property automatically passes to the surviving owner when you die—regardless of what your will directs. Your will simply doesn't control that asset.

For married couples, this technicality rarely causes disasters. Even if property ownership conflicts with a will, married partners have automatic inheritance rights and courts can adjust estate distribution to be fair. The law protects spouses.

For unmarried couples, you have zero such protection.

Under UK intestacy rules, cohabiting partners have no automatic inheritance rights whatsoever. If you die without a will, your property share (if you own as tenants in common) goes to your children, parents, or siblings—not your partner of 10, 15, or 20 years. The person you built a life with gets nothing automatically.

The numbers are staggering. 3.5 million couples in the UK were cohabiting in 2024, representing 17.7% of all families. That's up 144% from 1996.

Yet 46% of people in England and Wales wrongly believe in "common law marriage"—the myth that living together for a certain period grants the same legal rights as marriage.

It doesn't. Common law marriage has no legal status in the UK.

When you combine widespread property ownership (most couples' largest asset) with zero automatic inheritance rights and profound misunderstanding about ownership types, you get a perfect storm. Thousands of surviving partners discover too late that they're not protected the way they assumed.

This article provides general information and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.

Joint Tenants vs. Tenants in Common: The Crucial Difference

When you buy property with another person in the UK, you must choose one of two ownership structures. Most unmarried couples don't realize they've made this choice—their solicitor ticked a box on the transfer form, they signed it, and that was that.

Understanding these two options is critical for protecting your estate.

Joint Tenants

When you own as joint tenants, you and your co-owner each own 100% of the property together. Not 50% each—100% together.

This creates what's called "right of survivorship." When one joint tenant dies, the property automatically passes to the surviving joint tenant. The deceased person's share doesn't form part of their estate. Their will has no say in what happens to the property.

Joint tenancy is the default option when unmarried couples buy property together. Solicitors often recommend it because it's simple: no complex percentage calculations, straightforward inheritance, clean paperwork.

But simple isn't always right.

Tenants in Common

When you own as tenants in common, each person owns a specific percentage of the property. This can be 50/50, but it doesn't have to be. One person might own 70%, the other 30%, reflecting different deposit contributions.

Here's what changes: your share does NOT automatically pass to the co-owner when you die. Your share is part of your estate. Your will controls exactly what happens to it.

You can leave your share to your partner. You can leave it to your children. You can split it between multiple people. You can even put it in a trust that lets your partner live there for life, then passes to your children after they die.

You have complete control—but only if you make a will.

The Critical Difference in Action

Sarah and David bought a house together in 2018 as joint tenants. When Sarah died in 2023, the property automatically passed to David through survivorship. Sarah's will left everything to her two children from her previous marriage, but the house wasn't part of her estate, so her children got nothing from the property she'd contributed £45,000 toward.

Compare this to Rachel and Tom, who owned as tenants in common (50% each). When Tom died, his 50% share went according to his will. He left it in a life interest trust: Rachel could live in the property for the rest of her life, but after she died, Tom's share would pass to his elderly mother. Rachel kept her home, Tom's mother was provided for, and Tom's wishes were honoured.

The ownership type made all the difference.

How to Tell Which One You Have

Check your title deeds or property register. If you see a "Form A restriction" in the proprietorship register at HM Land Registry, you're tenants in common. If there's no restriction, you're joint tenants.

You can order your official title register from GOV.UK for £3. It takes about 10 minutes.

Comparison: What Happens in Different Scenarios

Scenario	Joint Tenants	Tenants in Common
One owner dies	Surviving owner automatically gets 100%	Deceased's share passes according to their will
One wants to sell	Both must agree to sell	Both must agree to sell
One dies without a will	Surviving owner gets 100% via survivorship	Deceased's share goes under intestacy rules (NOT to partner)
Relationship ends	Must sever tenancy or agree on division	Each owner's percentage is already defined
One becomes bankrupt	Creditors can force sale of entire property	Creditors can only claim bankrupt person's share
Inheritance tax	Surviving owner inherits tax-free (but no exemption for unmarried couples)	Each share assessed separately for IHT
One wants to remortgage	Both must agree and sign	Both must agree and sign
Estate planning flexibility	None—survivorship overrides will	Complete control via will

For unmarried couples with children from previous relationships, tenants in common is almost always the better choice. It's the only way to balance providing for your partner while protecting your children's inheritance.

The Nightmare Scenario: What Happens If You Die as Joint Tenants Without Planning

Let's walk through what actually happens when unmarried couples own as joint tenants and haven't thought through the implications.

Scenario 1: Children from Previous Relationships

Lisa, 41, and Mark, 38, bought their home in Manchester in 2020 for £280,000. They owned as joint tenants. Lisa had two children (ages 14 and 16) from her previous marriage. She paid £42,000 of the £56,000 deposit using proceeds from selling her previous home.

Lisa assumed that because she'd contributed more, her children would inherit something from the property when she died. She made a will leaving "everything" to her children.

When Lisa died unexpectedly from sepsis in 2024, Mark inherited the entire property through joint tenancy survivorship. The property didn't form part of Lisa's estate, so her will had no effect on it. Her children, who'd lived in that house for four years and whose mother had contributed 75% of the deposit, received nothing from the property.

Mark wasn't legally obligated to provide anything to Lisa's children. The relationship between Mark and the children deteriorated rapidly. They haven't spoken since the funeral.

Scenario 2: Unequal Contributions Lead to Family Resentment

David paid an £80,000 deposit on a £320,000 property in Bristol using his inheritance. His partner Emma paid £4,000. They owned as joint tenants and split mortgage payments 50/50.

When David died at 44 in a cycling accident, Emma inherited the entire property. David's parents were devastated—not just by losing their son, but by watching their family home inheritance (which funded David's deposit) pass to someone who'd contributed less than 5% of the deposit.

They challenged the estate, claiming David couldn't have intended this outcome. The legal battle cost Emma £22,000 and 18 months of grief compounded by courtroom appearances. She won, but the emotional and financial cost was enormous.

A simple declaration of trust recording the unequal contributions would have prevented this entirely.

Scenario 3: The Relationship Was Ending

Sophie and James bought their London flat in 2019 as joint tenants. By 2023, the relationship was over. They were planning to separate but hadn't yet had "the conversation" about selling the property and dividing proceeds.

James died suddenly from an undiagnosed heart condition at 39.

Sophie inherited the entire property worth £450,000. James's will left everything to his sister, but the property passed via survivorship outside his estate. His family received nothing from the asset James had contributed £180,000 toward over four years.

James's sister contested the estate, claiming James was about to sever the joint tenancy. She couldn't prove it. The case settled for £35,000 paid by Sophie—not because she was legally obligated, but because the legal fees to fight would have cost more.

Scenario 4: Your Family Doesn't Approve

Anna and Sarah, a same-sex couple, bought their home in Birmingham in 2021 as joint tenants. Anna's parents had never accepted the relationship. Anna made a will leaving everything to Sarah, thinking this covered the property.

When Anna died from cancer at 37, Sarah inherited the house through survivorship. But Anna's estate (her savings and personal possessions) went to Sarah via the will. Anna's parents contested the will, claiming Anna lacked capacity when she made it (untrue) and that Sarah had unduly influenced her (also untrue).

The dispute took 14 months. Sarah spent £16,000 in legal fees defending the will and faced her deceased partner's hostile parents in mediation sessions while grieving. She kept the house, but the emotional toll was devastating.

If Anna had owned as tenants in common and included a letter of wishes explaining her decisions, or if she'd created a declaration of trust documenting their joint contributions, the challenge would have been much harder to mount.

The Common Thread

In every scenario, the tragedy isn't just death—it's the legal and emotional warfare that follows because property ownership and estate planning weren't aligned. These disputes typically take 12-18 months to resolve and cost £15,000-£50,000 in legal fees.

The surviving partner is fighting while grieving. Families are torn apart. Money that should have stayed in the family goes to solicitors.

All of this is preventable.

When Joint Tenancy Makes Sense (And When It Absolutely Doesn't)

Joint tenancy isn't wrong for every unmarried couple. Sometimes it's the right choice. Here's how to decide.

Joint Tenancy May Work If:

Neither of you has children from previous relationships—there's no one else you need to provide for from the property value.
You've contributed roughly equally—similar deposit amounts and mortgage payments mean there's no fairness issue.
You genuinely want everything to go to your partner—your clear intention is that the survivor keeps the home.
Your families are supportive—no risk of hostile relatives challenging your partner's inheritance.
You have a simple estate—no significant other assets, business interests, or complex finances.
Both of you are in good health—no immediate concerns about early death or incapacity.
You trust each other completely—this is forever, and you're both committed to fairness even if circumstances change.

If all of these apply, joint tenancy might be appropriate. The simplicity of automatic survivorship means no probate delay for the property, and your partner immediately has full ownership.

But notice how many conditions must be true. For most unmarried couples, at least one doesn't apply.

You Should Seriously Consider Tenants in Common If:

Either of you has children from a previous relationship—this is the big one. If you want to provide for both your partner AND your children, tenants in common is essential.
You've contributed unequally—one person paid 70% of the deposit, the other 30%. Without tenants in common and a declaration of trust, the courts assume 50/50 regardless of actual contributions.
Either of you expects a significant inheritance—if one partner will inherit money that goes toward the property, you want to protect that.
There's a significant age gap—if one partner is much older or has health concerns, estate planning becomes more complex.
Either of you is self-employed or runs a business—business debts could put the property at risk. Tenants in common provides some bankruptcy protection.
Your families have tensions—if your parents disapprove of your relationship or your partner, tenants in common gives you control through your will.
You want estate planning flexibility—maybe you want your partner to live there for life, then leave it to your nieces. Only possible with tenants in common.
You're financially unequal—different incomes, savings, or debt levels mean your financial interests aren't identical.

If even one of these applies, tenants in common deserves serious consideration.

The "Romance" Trap

Here's what often happens: couples worry that choosing tenants in common sends the wrong message. "Don't you trust me?" "Are you planning to leave?" "Why don't you want me to inherit?"

This is emotional thinking overriding legal reality.

Choosing tenants in common isn't unromantic—it's responsible estate planning. It says, "I love you enough to make sure both you and my children are provided for." It says, "I want our property ownership to reflect our actual financial contributions." It says, "I'm planning for the future thoughtfully, not just hoping everything works out."

The most loving thing you can do for your partner is ensure they're legally protected in every scenario, including the worst ones you hope never happen.

How to Sever a Joint Tenancy (And Why You Might Need To)

If you currently own as joint tenants but realize tenants in common would serve you better, you can change. This process is called "severing the joint tenancy."

Here's what you need to know.

What Severing Means

Severing a joint tenancy converts your ownership from "both own 100% together" to "each owns 50% separately" (or whatever percentage you specify). It removes the automatic right of survivorship.

After severance, when one owner dies, their share doesn't automatically go to the co-owner. It forms part of their estate and passes according to their will.

The Key Legal Principle: You Don't Need Consent

This surprises most people: you can sever a joint tenancy unilaterally, without your co-owner's agreement or even their knowledge.

The law recognizes that estate planning is a personal right. You're entitled to control what happens to your assets when you die, even if those assets are jointly owned property.

That said, while you don't need legal consent, having an honest conversation with your partner is usually best for your relationship. Severing without discussion can create suspicion and hurt feelings, even when your intentions are perfectly reasonable (like protecting children from a previous relationship).

Step-by-Step Severance Process

Step 1: Serve written notice on your co-owner

You must give formal written notice to the other joint tenant(s). This can be a simple letter stating your intention to sever the joint tenancy. Many solicitors provide templates, or you can find examples from the Law Society.

The notice must be served on the co-owner—handed to them directly, posted to their address, or delivered by solicitor.

Step 2: Complete Form SEV for Land Registry

Download Form SEV from GOV.UK. This form notifies HM Land Registry that you've severed the joint tenancy and requests a Form A restriction be added to the property register.

The form asks for basic information: property address, your details, details of all owners, and confirmation that severance notice was served.

Step 3: Submit Form SEV to Land Registry

Send the completed form and a copy of your severance notice to HM Land Registry. As of 2024, there is no fee for this application—it's free.

Step 4: Registry updates the title

Land Registry processes your application and adds a Form A restriction to the property register. This restriction notes that two or more persons are entitled to the property as tenants in common, which prevents one owner from selling or mortgaging without all owners' involvement.

Processing typically takes 4-6 weeks, though it can be faster.

Step 5: Update your will

This is crucial. Once you've severed the joint tenancy, your share is now controlled by your will. If you don't have a will, or if your will doesn't address the property, your share will be distributed under intestacy rules when you die—which gives nothing to your unmarried partner.

You must create or update your will to specify what happens to your property share.

What Doesn't Change

Your mortgage obligations don't change. Both owners are still equally liable for mortgage payments and debt. Severing joint tenancy only affects what happens when an owner dies—it doesn't alter your day-to-day financial responsibilities.

If you want to specify unequal ownership percentages (like 70/30 instead of 50/50), you'll need a declaration of trust alongside the severance. More on that shortly.

Cost

The severance process itself is free if you do it yourself. If you want a solicitor's help drafting the severance notice and completing Form SEV, expect to pay £150-£300.

Compare that to the £15,000-£50,000 cost of property disputes after death, and it's a bargain.

Relationship Considerations

Yes, you can legally sever without your partner knowing. But should you?

In healthy relationships, transparency is better. Explain why you're doing this: protecting children, ensuring fair distribution, reflecting actual contributions, creating estate planning flexibility.

If you're in a controlling or abusive relationship, the unilateral right to sever can be a lifeline. You can protect your estate planning autonomy without needing permission from someone who might unreasonably withhold it.

Use your judgment based on your specific relationship dynamics.

Severing a joint tenancy affects your property rights and estate planning. While the process can be done without a solicitor, you may wish to seek legal advice if your situation is complex or if you're concerned about your partner's reaction.

Declaration of Trust: The Extra Protection Unmarried Couples Need

A declaration of trust is a legal document that records each person's beneficial interest in a property—essentially, who owns what financially, regardless of how legal title is held.

For unmarried couples, this document is crucial protection.

What It Records

A properly drafted declaration of trust should specify:

Each person's deposit contribution (exact amounts and percentages)
How ongoing mortgage payments are split
Who pays for home improvements, renovations, or extensions
How these contributions affect ownership percentages over time
What happens if you separate (how sale proceeds will be divided)
What happens if one person stops contributing

For example: "Sarah contributed £70,000 (70%) of the £100,000 deposit. James contributed £30,000 (30%). Mortgage payments are split equally. Sarah therefore owns 70% beneficial interest and James owns 30% beneficial interest in the property."

Why Unmarried Couples ESPECIALLY Need This

When married couples divorce, courts have broad powers to adjust property ownership to achieve a fair outcome. They can override legal title or unequal contributions to ensure both parties are treated fairly, especially when there are children.

Unmarried couples have no such protection.

If you separate or one of you dies, the courts cannot "adjust" ownership to be fair. They look at the evidence: Who contributed what? Is there a declaration of trust documenting it? If not, they generally assume equal 50/50 ownership.

This means if you paid 80% of the deposit and 80% of the mortgage, but there's no declaration of trust, your partner could claim 50% of the property value. Your contributions don't matter without evidence.

A declaration of trust is that evidence.

The Sarah and Michael Story

Sarah inherited £150,000 from her grandmother in 2018. She used it as the entire deposit on a £300,000 house she bought with her partner Michael. Michael contributed nothing to the deposit but agreed to pay half the mortgage.

They owned as tenants in common (good start) but didn't create a declaration of trust (mistake).

When they separated in 2023, Michael claimed he owned 50% of the property, now worth £380,000. He argued that paying half the mortgage for five years entitled him to half the equity.

Sarah argued she should own at least 75%—she'd paid the entire £150,000 deposit plus half the mortgage. Michael's total contribution over five years was roughly £35,000 in mortgage payments. Why should that entitle him to £190,000 in equity?

Without a declaration of trust, the court faced a complex calculation. Sarah eventually settled for giving Michael 35%, costing her about £40,000 more than if they'd had proper documentation from the start.

The solicitor fees for the dispute: £12,000. The cost of a declaration of trust in 2018 would have been £350.

When to Create One

Create a declaration of trust when you buy the property. It's infinitely easier to agree on contributions when you're making them than to reconstruct memory five or ten years later.

If you already own property together and don't have a declaration of trust, create one now. Sit down together, review your bank statements and records, and document who contributed what. The longer you wait, the harder this becomes.

How Much It Costs

Expect to pay £150-£500 for a solicitor to draft a declaration of trust. The cost varies based on complexity—simple 50/50 arrangements are cheaper than complex ones involving unequal contributions, future improvements, and detailed separation provisions.

This investment protects assets worth hundreds of thousands of pounds. It's essential.

A declaration of trust is a legally binding document that should accurately reflect your financial contributions and intentions. We recommend having a solicitor draft this document to ensure it's legally enforceable.

How It Interacts With Your Will

The declaration of trust establishes your percentage ownership. Your will controls what happens to that percentage when you die.

They work together: declaration of trust says "I own 70%," will says "my 70% goes to my partner for life, then to my children."

Without both documents working in harmony, your estate planning has gaps.

Your Will's Role in Protecting Your Property Share

Your will is the instruction manual for what happens to your property share after you die. But it only controls what's actually in your estate—and that depends on how you own the property.

What Your Will Cannot Do

If you own property as joint tenants, your will cannot control what happens to that property. The property passes by survivorship outside your estate. Your will is irrelevant to that asset.

This doesn't make your will useless—it still controls everything else you own. Bank accounts, savings, investments, cars, personal possessions, business interests. If you have £50,000 in savings and the property passes by survivorship, your will directs where that £50,000 goes.

But the property itself? Not controlled by your will while you're joint tenants.

What Your Will CAN Do

If you've severed the joint tenancy and own as tenants in common, your will has complete control over your property share.

You can:

Leave your share to your partner outright
Leave your share to your children
Split your share between your partner and children (50% to partner, 50% divided among children)
Create a life interest trust (partner lives there for life, then children inherit)
Leave your share to anyone you choose—siblings, parents, friends, charities

This flexibility is why tenants in common ownership is so powerful for estate planning.

Essential Will Provisions for Unmarried Property Owners

If you're an unmarried person who owns property as tenants in common, your will should include:

1. Clear identification of your property share

"I give my 50% share in the property known as 14 Oak Avenue, Bristol BS1 2AB..."

Be specific. If you own multiple properties as tenants in common, address each one separately.

2. Named beneficiaries with backup options

"...to my partner Sarah Jones, but if she does not survive me by 30 days, then to my children equally."

Always include survivorship clauses (usually 30 days) and backup beneficiaries in case your first choice dies before or shortly after you.

3. Executors who understand your family situation

Choose executors who will respect your wishes and can handle potential family conflict. If your partner and your children might have competing interests, consider appointing a neutral third party executor (solicitor, trusted friend) alongside your partner.

4. Guardians for children under 18

If you have minor children, your will must name guardians. This is especially important for unmarried couples—your partner has no automatic right to become guardian of your children from a previous relationship.

Life Interest Trusts: Balancing Partner and Children

This is the elegant solution for unmarried couples with children from previous relationships.

A life interest trust (also called a life tenancy) works like this: your partner has the right to live in the property for the rest of their life, but they don't own it outright. When they die, the property (or your share of it) passes to your children.

Here's how it works in practice:

James owns 50% of a property as tenants in common with his partner Rachel. James has two children from his previous marriage. His will creates a life interest trust:

"I give my 50% share in the property to my trustees to hold on trust. Rachel may live in the property for her lifetime rent-free, and the property cannot be sold without her consent. Upon Rachel's death, my 50% share passes to my children Sarah and Michael equally."

This protects Rachel—she won't lose her home when James dies. But it also protects James's children—they will eventually inherit their father's property share.

Rachel can continue living there. If she wants to sell and move elsewhere, she can, but only with the trustees' consent, and the children are entitled to 50% of the sale proceeds (James's share).

Life interest trusts are complex and should be drafted by a solicitor if your estate is substantial, but WUHLD's online will service includes options for straightforward life interest provisions.

Letter of Wishes

Consider including a letter of wishes alongside your will. This non-binding document explains your reasoning and intentions to your executors and family.

"I've left my property share in trust for Rachel because I want her to have security and stability in the home we shared, but I also want to ensure my children ultimately benefit from the inheritance their mother left me, which funded our deposit."

Letters of wishes don't change the legal effect of your will, but they provide context that can reduce family disputes. When everyone understands your reasoning, challenges are less likely.

When Your Circumstances Change

Update your will whenever circumstances change—moving in together, buying property, having children, receiving an inheritance, separation, or changes in your relationship with beneficiaries.

Property is too valuable and too important to leave governed by an outdated will.

What Happens If You Die Without a Will as an Unmarried Property Owner

The rules are different depending on how you own your property. Both scenarios are bad for your partner, but in different ways.

If You Own as Joint Tenants and Die Intestate

The property passes to the surviving joint tenant through automatic survivorship. Your partner gets the property—that's the good news.

The bad news: everything else you own is distributed under intestacy rules. Unmarried partners receive nothing under intestacy.

Your bank accounts, savings, investments, car, personal possessions—all of it goes to your blood relatives in this order:

Children (if you have any)
Parents (if no children)
Siblings (if no children or parents)
Other more distant relatives

Your partner of 10 years gets nothing except the property (via survivorship) and whatever the law says they can keep from the household contents (very little).

If you have £80,000 in savings, your partner doesn't see any of it. If you have a valuable car, it goes to your estate, not your partner.

So even as joint tenants, dying without a will leaves your partner exposed.

If You Own as Tenants in Common and Die Intestate

This is the nightmare scenario.

Your property share goes to your blood relatives under intestacy rules. Your partner gets nothing from your property share—zero.

Here's what this looks like in practice:

You and your partner own a house worth £400,000 as tenants in common (50% each). You die without a will. Your 50% share (worth £200,000) goes to:

Your children, if you have any
Your parents, if no children
Your siblings, if no children or parents

Your partner suddenly co-owns their home with your family members.

Your family can apply to court to force the sale of the property. The court considers factors like whether there are children living there, your partner's financial circumstances, and whether your family has a legitimate need for the money. But there's no guarantee your partner can stay.

Even if the court doesn't order immediate sale, your partner now has to negotiate with your family about buying out their share, refinancing, or living in a house they only half-own.

Imagine grieving your partner of 15 years while simultaneously negotiating with their hostile parents about whether you have to sell the home you've shared for a decade.

The Inheritance Act Claim Option

Surviving unmarried partners who lived together for at least two years can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

But this is not the safety net people imagine.

To make a claim, you must:

Have cohabited for at least two years immediately before death
Apply within six months of the Grant of Probate
Prove you were financially dependent on the deceased or that the intestacy rules don't make "reasonable provision" for you
Hire a solicitor (you cannot do this yourself)

Even if you meet all requirements, you're only entitled to "reasonable maintenance"—not the same standard as a spouse, who's entitled to whatever the court considers appropriate for their circumstances.

"Reasonable maintenance" might mean enough to rent somewhere for a few years. It doesn't mean you inherit your partner's estate the way a spouse would.

The legal costs for Inheritance Act claims range from £10,000 to £30,000. The process takes 12-18 months. The outcome is uncertain.

And you're doing all of this while grieving.

Real Example: Anna's Story

Anna and David lived together for nine years. They owned their Bristol home as tenants in common (50% each). David died suddenly at 51 without a will. His 50% share went under intestacy to his daughter from his first marriage.

The daughter wanted to sell the property immediately to access her inheritance. Anna wanted to stay in the home she'd shared with David for nearly a decade.

Anna made an Inheritance Act claim. She spent £18,000 in legal fees over 16 months. The court awarded her enough to rent for three years and cover some living expenses—about £45,000 total. David's daughter got the rest.

Anna had to sell the home and move. She lost her partner and her home, and spent her savings on legal fees.

If David had spent £49.99 on a will, Anna would have inherited his share, kept their home, and avoided the legal battle entirely.

Why "Relying on Family to Do the Right Thing" Is a Terrible Plan

Maybe your family loves your partner. Maybe they'd never force a sale or fight over money.

Until grief, financial stress, and old resentments change everything.

People who seem reasonable before death can become unrecognizable after it. Your siblings might resent that you "gave everything" to your partner instead of them. Your parents might blame your partner for estranging you from the family. Your children might feel your partner "stole their inheritance."

You cannot control how people behave after you're gone. The only thing you can control is having proper legal protection in place now.

Special Situations: Buy-to-Let, Second Homes, and Investment Properties

Property ownership gets more complex when you own multiple properties or properties beyond your primary residence. Here's what changes.

Multiple Properties, Different Ownership Types

You can own different properties with different ownership structures. Your main home might be joint tenants, while your buy-to-let is tenants in common. Each property is treated separately.

When you buy each property, you make a separate decision about joint tenants vs. tenants in common. This decision is recorded on each property's individual title register.

Your will must address each property separately if you own multiple properties as tenants in common:

"I give my 50% share in 14 Oak Avenue, Bristol... to my partner Sarah. I give my 60% share in Flat 3, London Road, Manchester... to my children equally."

Buy-to-Let Properties as Unmarried Couples

For rental properties, tenants in common often makes more sense than joint tenants, even if joint tenants works for your main home.

Why? Tax planning.

Each individual has a Capital Gains Tax annual exempt amount (£3,000 for 2024-25 tax year). If you own as tenants in common with defined percentages, each partner can use their exempt amount when you eventually sell.

If you own as joint tenants, the profit is automatically split 50/50 for tax purposes, even if you'd prefer a different split for tax efficiency.

Additionally, owning investment property as tenants in common with a clear declaration of trust protects your investment if the relationship ends. Investment properties are financial assets first, emotional assets second—treat them accordingly.

Second Homes and Holiday Properties

The same principles apply: decide whether joint tenants or tenants in common better serves your estate planning, tax planning, and relationship circumstances.

One consideration: if one partner contributed significantly more to a second home purchase (perhaps using their inheritance), tenants in common with unequal shares (70/30, for example) reflects that reality. Your will can then direct your larger share to your children while still allowing your partner to use the property.

Inheriting Property That Becomes Joint

What if your partner dies and leaves you their property share, and now you own a property outright that was previously jointly owned?

If you were joint tenants, you automatically own 100% through survivorship. You can leave it to whomever you choose in your will.

If you were tenants in common and inherited your partner's share, you now own 100%. Same result—you can leave it to anyone in your will.

But here's a question: what if you own your main home jointly with your partner, and you also own a property outright from a previous relationship? If your partner dies and you inherit their share of the jointly owned home, you now own two properties outright. Your will should address both.

This is where estate planning gets layered. You might leave your original property to your children and leave the previously joint property to your partner's children (if they have any) or to charity. The point is to think it through and document it.

Properties Abroad

UK wills do not necessarily control property located outside the UK. Many countries require property to be dealt with under their own succession laws.

If you own property abroad with your unmarried partner, you need specialist legal advice. The interaction between UK will law and foreign property law can be complex, and getting it wrong can leave your partner without protection.

Generally, you'll need a separate will governed by the law of the country where the property is located, working with a lawyer in that jurisdiction.

Property Owned With Ex-Partners Still on the Deeds

This is surprisingly common and always a disaster waiting to happen.

You split up with your ex five years ago. You've been with your new partner for three years. You still co-own a property with your ex because you haven't gotten around to dealing with it.

If your ex dies, their share goes according to their will or under intestacy. You might end up co-owning with their new partner or their family. If you die, your share goes according to your will—but your current partner doesn't benefit from the property you still technically co-own with your ex.

Resolve these situations urgently. Either buy out your ex's share, sell and split the proceeds, or formally sever the joint tenancy (if applicable) and update your will to address it.

Leaving ex-partners on property deeds creates legal complexity that can haunt your estate for years.

Your Action Plan: Protecting Your Property and Your Partner in 3 Steps

You now understand how property ownership types work, how they interact with wills, and why unmarried couples need both aligned. Here's exactly what to do next.

Step 1: Find Out How You Currently Own Your Property

You can't fix what you don't know. Check your current ownership type.

Option 1: Check your completion paperwork

When you bought the property, your solicitor gave you a bundle of documents at completion. Look for the Transfer form (usually Form TR1). Panel 10 or 11 asks whether you're joint tenants or tenants in common. The answer is recorded there.

Option 2: Order your title register from Land Registry

Go to GOV.UK's property information service and order an official copy of your register. Cost: £3. Delivery: usually within a few hours by email.

Look at the "Proprietorship Register" section. If you see a Form A restriction (wording about "two or more persons entitled" as tenants in common), you're tenants in common. If there's no restriction, you're joint tenants.

Option 3: Ask your mortgage provider

Your mortgage lender has this information. Call them and ask how the property is registered—joint tenants or tenants in common. They can tell you immediately.

Do this today. It takes 10 minutes.

Step 2: Decide If Your Ownership Type Is Right

Use the decision criteria from earlier to evaluate whether your current ownership structure serves your needs.

Ask yourself:

Do either of us have children from previous relationships we want to provide for? If yes, tenants in common is usually better.
Did we contribute unequally to the deposit or mortgage? If yes, tenants in common with a declaration of trust protects those contributions.
Do I want complete estate planning flexibility? If yes, tenants in common.
Is our relationship simple—no children, equal contributions, supportive families, mutual trust? If yes, joint tenants might be fine.

If you decide tenants in common better serves your needs and you're currently joint tenants, sever the joint tenancy using the process outlined earlier. The severance is free, takes 4-6 weeks, and gives you control over your estate planning.

If you're already tenants in common, good. Now check whether you have a declaration of trust documenting any unequal contributions. If you don't, create one.

Step 3: Create or Update Your Will to Match Your Property Ownership

Your will must work with your property ownership type, not against it.

If you're joint tenants and staying that way:

Your will controls everything except the jointly owned property. Make sure your will addresses:

Bank accounts and savings
Investments and pensions (if they can be directed by will)
Personal possessions
Any other property you own solely
Guardians for children under 18

If you're tenants in common (or about to be):

Your will MUST specify what happens to your property share. Decide:

Does your share go entirely to your partner?
Does it go entirely to your children?
Does it split between partner and children?
Should you create a life interest trust so your partner can live there for life, then children inherit?

Include all the essential will provisions: executors, guardians, backup beneficiaries, and clear identification of assets.

How WUHLD helps unmarried couples with property:

Our online will creation system is specifically designed to handle property ownership complexity. We ask:

Do you own property jointly?
How do you own it—joint tenants or tenants in common?
What percentage do you own?
Who should inherit your share?

We guide you through life interest trust options if you want to balance your partner's security with your children's inheritance.

All of this for £49.99, completed in 15 minutes online. You can preview your entire will free before paying anything—see exactly what you're getting, no credit card required.

Compare that to £650+ for traditional solicitor will services, and it's clear why thousands of unmarried couples choose WUHLD.

Why You Should Act This Weekend

18% of cohabiting couples separate each year. One in four deaths under age 65 are sudden and unexpected.

You don't know when your circumstances will change. You don't know when tragedy will strike.

What you do know is that right now, today, you have the information and the tools to protect your partner and your children.

Checking your property ownership takes 10 minutes. Severing a joint tenancy takes 30 minutes to prepare the paperwork. Creating a will with WUHLD takes 15 minutes.

One hour this weekend could save your partner from losing their home and save your family from years of legal warfare.

Frequently Asked Questions

Q: Can I change from joint tenants to tenants in common without my partner knowing?

A: Legally, yes—you can sever a joint tenancy without the other owner's consent or knowledge. However, in most healthy relationships, having an honest conversation is better for trust and understanding. The main exceptions are controlling or abusive relationships where you need to protect your estate planning autonomy. The severance is legally valid either way.

Q: If we own as joint tenants, does my will do anything at all?

A: Yes, your will still controls all your other assets—bank accounts, savings, investments, personal possessions, cars, and any property you own solely. Only the jointly owned property passes by survivorship outside your will. If you have £50,000 in savings and jointly owned property, your will directs where that £50,000 goes when you die.

Q: What's the difference between legal ownership and beneficial ownership?

A: Legal ownership is whose names are on the title deeds—who legally owns the property according to the Land Registry. Beneficial ownership is who owns the property financially—who contributed the money and is entitled to the value. These can differ. A declaration of trust records beneficial ownership even when it differs from legal ownership percentages.

Q: Can my partner's family force the sale of our home if they die intestate and we're tenants in common?

A: If your partner dies without a will and you own as tenants in common, their share goes to their blood relatives under intestacy rules. Those relatives can apply to court to force the sale, but courts consider various factors: whether you have children living there, your financial circumstances, whether you can buy out their share, and the family's need for the money. It's not automatic, but it's possible—and deeply stressful. A will prevents this entirely.

Q: How does severing a joint tenancy affect our mortgage?

A: It doesn't. Both of you remain equally liable for the mortgage debt regardless of how you own the property. Severing joint tenancy only affects what happens to the property when one owner dies—it doesn't change your day-to-day financial obligations or the mortgage lender's rights.

Q: Do we need a declaration of trust if we're splitting everything 50/50?

A: If you've genuinely contributed equally to deposit, mortgage, and improvements, a declaration of trust is less critical but still valuable. It provides clear evidence of your agreement if you later separate or if there's a dispute after death. It prevents "he said, she said" arguments about who contributed what. For £150-£500, it's worthwhile peace of mind even when contributions are equal.

Protecting Your Future Together Starts With Legal Protection Today

Your home represents security, stability, and the life you've built together. As an unmarried couple, you can't rely on automatic legal protections the way married couples can.

Getting your property ownership right—and creating a will that works with it—isn't unromantic. It's the most loving thing you can do for your partner and your family.

Here's what to do next:

Check your property ownership type today: Order your title register for £3 or check your completion paperwork—you need to know whether you're joint tenants or tenants in common.
Sever joint tenancy if you have children, unequal contributions, or want estate planning flexibility: The process costs nothing, takes 4-6 weeks, and gives you control over your property share through your will.
Get a declaration of trust if contributions are unequal: This £150-£500 document is your only protection as an unmarried couple—courts won't adjust ownership to be "fair" like they would in divorce.
Create coordinated wills that match your property ownership structure: If you're tenants in common, your will MUST address your property share; if you're joint tenants, your will protects all your other assets.
Review everything when circumstances change: Moving in together, buying property, having children, receiving an inheritance, or relationship changes all require will and ownership updates.

Your home is likely your biggest asset and your most important emotional investment. Taking 30 minutes to understand your property ownership and create a proper will can save your partner from losing the home you built together.

Create your will with WUHLD in just 15 minutes online for £49.99—one simple payment, no subscriptions. Our system specifically guides unmarried couples through property ownership types, tenants-in-common percentages, and life interest trust options.

Preview your complete will free before paying (no credit card required), and you'll get:

Your complete, legally binding will
A 12-page Testator Guide explaining how to execute your will properly
A Witness Guide to give to your witnesses
A Complete Asset Inventory document

Don't leave your partner vulnerable to losing their home or fighting with your family in court. Start your will now and protect the future you're building together.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer: This article provides general information about joint property ownership and estate planning for unmarried couples. It does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations involving multiple properties, significant assets, or complicated family circumstances may require professional legal advice. Property law and inheritance law can be complex, and this article addresses common scenarios but cannot cover every possible situation.

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