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Wills for Couples Buying a House Together (Unmarried): Complete UK Guide

· 22 min

Note: The following scenario is fictional and used for illustration.

Emma and Josh had just bought their first flat together in Manchester for £215,000. They split the deposit 60/40—Emma put in £18,000 from years of careful saving, while Josh contributed £12,000. They took out a £185,000 mortgage and moved in three months later, excited to start building their life together.

Then Josh was killed in a cycling accident.

Emma discovered that as tenants in common without wills, Josh's 40% share of the flat legally belonged to his parents—not her. She faced two terrible choices: buy out Josh's parents for £86,000 while still paying the full mortgage alone, or sell the flat she'd just made her home. Josh's parents, devastated by their son's death, initially wanted to help Emma—but their own inheritance tax bill forced them to demand the money.

3.5 million couples cohabit in the UK, representing 17.7% of all families. Despite this, 46% of adults wrongly believe "common law marriage" gives them automatic inheritance rights. It doesn't exist in UK law.

This guide shows unmarried couples exactly what legal protections you need when buying a house together, how to structure property ownership, and how to ensure your partner actually inherits your share if something happens to you.

Table of Contents

Why Unmarried Couples Have Zero Inheritance Rights When Buying a House

The "common law marriage" myth is one of the most dangerous misconceptions in UK law. Nearly half of British adults (46%) mistakenly believe that cohabiting couples are protected by common law marriage. This figure has remained virtually unchanged for over a decade.

Common law marriage does not exist in England and Wales. No matter how long you've lived together, raised children together, or owned property together, the law treats unmarried partners as legal strangers when one person dies without a will.

UK intestacy rules distribute your estate in a strict order: spouse or civil partner first, then children, then parents, then siblings, then extended family. Your unmarried partner appears nowhere on this list.

Marcus and Priya bought a £340,000 house in Bristol together. They'd been together eight years, and Marcus had paid 60% of the mortgage throughout that time. When Priya died suddenly without a will, her 50% share went to her parents under intestacy—not to Marcus. Despite contributing more financially and building a life with Priya, Marcus had no automatic inheritance rights.

Your partner can make a legal claim against your estate by proving you "maintained" them financially. But this requires expensive legal action costing £10,000 or more in legal fees, takes 12-18 months to resolve, and success is never guaranteed. Meanwhile, your partner must cope with grief while fighting your family in court.

40% of first-time buyers in 2022-23 were couples with no dependent children, making them the most common type of first-time buyer in England. The average first-time buyer is now 32 years old. Yet many of these couples remain completely unprotected.

Joint Tenants vs Tenants in Common: Which Ownership Structure Protects Your Partner?

When you buy property with someone else in England and Wales, you choose between two ownership structures: joint tenants or tenants in common. This decision fundamentally affects what happens when one owner dies.

Joint tenants means you both own 100% of the property together. When one person dies, the property automatically passes to the surviving owner through "right of survivorship." This happens outside your will and outside intestacy rules. You cannot leave your share to anyone else, even if you want to.

Tenants in common means you each own a specific percentage—50/50, 60/40, 70/30, or any split you agree on. Your share passes according to your will. If you don't have a will, your share follows intestacy rules and goes to your family, not your partner.

According to GOV.UK, these two ownership types have fundamentally different consequences if your relationship breaks down or one owner dies.

Sarah and Tom owned a £280,000 house as joint tenants. When Tom died without a will, Sarah automatically inherited the house. But Tom's £45,000 in savings, his car, and all his personal possessions went to his parents under intestacy. Sarah got the house but lost £50,000 of Tom's other assets.

Lisa and David owned a £310,000 house as tenants in common with a 60/40 split. When David died without a will, his 40% share (£124,000) went to his brother under intestacy. Lisa had to either buy out the brother or sell the house—while grieving and trying to pay the mortgage alone.

Most unmarried couples choose tenants in common because it offers more flexibility and control. You can reflect unequal deposit contributions, leave your share to whoever you choose, and protect children from previous relationships. But without a will, tenants in common leaves your partner completely vulnerable.

Here's the critical comparison:

Feature Joint Tenants Tenants in Common
Ownership Both own 100% together Each owns specific %
Right of survivorship Automatic No—goes via will
Can leave share to someone else? No Yes
Reflects unequal contributions? No Yes
Best for unmarried couples? Rarely Usually

Even with joint tenancy, you still need wills for everything else you own. Joint tenancy only solves property inheritance—not savings, cars, investments, pensions, or personal possessions.

What Happens to Your Mortgage If Your Unmarried Partner Dies Without a Will?

Your mortgage liability continues regardless of inheritance rights. This creates a nightmare scenario: you're liable for the full mortgage but may not inherit your partner's share of the property.

Joint and several liability means both borrowers are fully responsible for the entire mortgage amount, not just their "share." If one person dies, the survivor must continue making full mortgage payments. The lender wants the mortgage paid—they don't care about inheritance disputes.

Chloe and Aaron bought a £220,000 house with a £180,000 mortgage as tenants in common 50/50. When Aaron died without a will, his 50% share (£110,000) went to his mother under intestacy. Chloe still owed £180,000 on the mortgage.

Aaron's mother wanted her £110,000 inheritance. Chloe couldn't afford to buy her out while paying the mortgage. They had to sell the house. Chloe lost her home and still needed to repay her share of the mortgage from the sale proceeds.

Even if you pay the mortgage alone after your partner dies, you don't automatically own their share without a will or joint tenancy. You're paying to maintain property you might not inherit.

Mortgage life insurance costs an average of £29.75 per month based on over 14,000 policies sold in 2024, with average coverage of £188,598. For the average UK mortgage of £189,500, decreasing term insurance costs around £7.47 per month.

Many unmarried couples choose decreasing term insurance, which reduces over time as you pay down your mortgage. Two separate policies written in trust ensure the payout goes directly to your partner, bypassing probate and providing immediate access to funds.

If Chloe and Aaron had both taken out £90,000 life insurance policies written in trust for each other, Chloe could have used Aaron's insurance payout to pay down the mortgage and potentially buy out his mother's share. The total cost would have been around £15 per month—far less than losing the house.

Why You Need a Will Even If You Choose Joint Tenancy

Joint tenancy only covers the property itself. It doesn't protect any other assets you own.

The average first-time buyer saves considerable amounts before purchasing. If you die without a will, these savings go to your family under intestacy—not your partner, even if you own the house as joint tenants.

Daniel and Sophie were joint tenants on a £265,000 house. When Daniel died without a will, Sophie inherited the house automatically. But Daniel had £38,000 in savings, a £15,000 car, and £120,000 in his pension.

Under intestacy, the £38,000 savings and car went to his parents. The pension went to his parents because Daniel had never updated his nomination form. Sophie got the house but lost £173,000 of Daniel's other assets. A simple will stating "I leave everything to Sophie" would have solved this.

Digital assets matter too. Online accounts, cryptocurrencies, and reward points all have value. Personal possessions carry sentimental weight—engagement rings, family heirlooms, photo collections. None of these pass to your unmarried partner without a will.

Laura owned 50% of a £200,000 rental property as joint tenant with her partner Mike. She also owned a consultancy business worth £90,000. When Laura died without a will, Mike inherited her share of the rental property through joint tenancy. But Laura's business shares went to her sister under intestacy.

Laura's sister became an unwanted co-owner of the business with Mike's former business partner, creating impossible conflicts. Laura's will could have left the business to Mike with one sentence.

Pensions don't follow will or intestacy rules. They require separate nomination forms. But if you die without a will and haven't updated your pension nominations, the pension provider often defaults to intestacy order—excluding your unmarried partner.

Declaration of Trust: Why You Need This Document When Buying Together

A declaration of trust is a legally binding document recording each owner's share and financial contributions to a property. It's essential if you contribute unequal amounts or want clear protection during your relationship.

The declaration should include: percentage ownership, deposit contributions, mortgage payment responsibilities, agreement on bills and repairs, what happens if one person wants to sell, and what happens if you split up.

Costs range from £300 to £750 depending on complexity. This is far less than the £10,000+ legal costs if you dispute ownership shares later.

Emma put in a £25,000 deposit while Ryan contributed £5,000. Without a declaration of trust, the default is 50/50 ownership. If they split up after two years, Emma would lose £10,000 of her deposit contribution despite paying five times more.

With a declaration of trust stating 70/30 ownership reflecting deposit contributions, Emma would receive 70% of the sale proceeds (£210,000 on a £300,000 house), properly reflecting her larger investment.

A declaration of trust covers relationship breakdown. A will covers death. You need both documents working together to protect yourself in all scenarios.

Get your declaration of trust before completion, ideally during the conveyancing process. Your solicitor can draft it alongside your property purchase, ensuring everything is properly documented from day one.

Inheritance Tax: Why Unmarried Couples Pay More (And How to Reduce It)

Married couples and civil partners can inherit unlimited amounts from each other tax-free through the spouse exemption. Unmarried partners have no such exemption—the law treats them like strangers.

Current inheritance tax rules for 2025 set the nil-rate band at £325,000, frozen until 2030. The residence nil-rate band adds £175,000 if you leave your home to children. Everything above these thresholds faces 40% tax.

James and Sarah are married and own a £625,000 house as joint tenants plus £50,000 savings. When James dies, Sarah inherits everything tax-free. No inheritance tax. Sarah now has a combined £650,000 nil-rate band (her £325,000 plus James's transferred £325,000).

Rachel and Tom are unmarried with the same £625,000 house as tenants in common 50/50 and £50,000 savings. When Rachel dies with a will leaving everything to Tom, he inherits:

  • Rachel's 50% house share: £312,500
  • Half the savings: £25,000
  • Total: £337,500

Minus the £325,000 nil-rate band, Tom faces tax on £12,500. His inheritance tax bill: £5,000 at 40%. Plus probate costs and legal fees.

If Rachel and Tom were married, Tom would inherit tax-free and have £650,000 combined nil-rate band for when he dies.

Unmarried couples can reduce inheritance tax by using their nil-rate band effectively through proper wills, considering life insurance written in trust to provide cash for tax bills, making lifetime gifts that become exempt after seven years, and potentially entering into marriage or civil partnership.

The tax difference between married and unmarried couples on a typical first-time buyer property might seem small now. But as property values increase and you accumulate other assets, the gap widens substantially.

How to Create a Will That Protects Your Partner and Your Property

Your will must include: appointment of executors, clear identification of beneficiaries, specific property distribution instructions, and guardians for children if applicable.

For property distribution, be specific: "I give my 50% share as tenant in common of the freehold property known as 24 Oak Avenue, Leeds, LS6 2AB to my partner Thomas James Wilson of the same address absolutely."

Many unmarried couples appoint each other as executors. This works well if your relationship is stable and your partner is comfortable with administrative tasks. Consider appointing a backup executor in case your partner cannot or does not want to serve.

Mirror wills work well for unmarried couples. Both partners create coordinated wills: "I leave everything to my partner. If my partner predeceases me, I leave everything equally to my siblings."

If you have children from a previous relationship, your will can balance their needs with your partner's: "I leave my share of our property at [address] to my partner Jane on the condition that my children from my previous marriage, Sophie and Oliver, each receive £20,000 from my estate. The remainder goes to Jane."

Update your will after buying property, after home improvements that significantly increase value, after paying down substantial mortgage amounts, or if you split up with your partner. That last one is critical—update immediately if your relationship ends.

Store your will safely where your executor can find it. Tell your partner where you've kept it. Many people store wills at home in a fireproof safe, with their solicitor, or with a will storage company.

Creating a will online with WUHLD takes 15 minutes. You'll pay £99.99 compared to £650 or more for a solicitor-drafted will. You receive your complete will, a 12-page Testator Guide explaining how to execute your will properly, a Witness Guide for your witnesses, and a complete asset inventory document.

You can preview your entire will before paying anything, ensuring you're completely satisfied with the document that will protect your partner.

Timeline: When to Create Your Will During the House-Buying Process

The critical window for creating your will is between offer acceptance and completion. Many couples plan to "sort this out once we've settled in," but that's too late if something happens during the moving process.

Your ideal timeline looks like this:

Offer accepted: Start thinking about wills and protection. Research your options and understand why you need legal protection.

Mortgage offer received: Research will creation services. Understand the difference between joint tenants and tenants in common. Discuss with your partner how you want to structure ownership.

Exchange of contracts: Create your wills now. You've made a legal commitment to purchase. This is the moment to protect that investment and each other.

Completion: Your wills should already be signed and witnessed before you collect the keys.

First month in new home: Review your wills and other protections. Ensure everything is stored safely and your executor knows where to find documents.

Many conveyancing solicitors mention wills during the purchase process. Some mortgage lenders ask about life insurance and wills during applications. These professionals understand the risks unmarried couples face.

Andrew and Gemma had their offer accepted on a £245,000 flat in Birmingham. They planned to sort out wills after moving in. Between exchange and completion, Andrew was diagnosed with terminal cancer. He died six weeks after they moved in, before they created wills.

Gemma lost her partner and faced losing the flat to Andrew's estranged father under intestacy rules. Years of legal battles followed, costing over £15,000 and causing immense emotional pain during the worst period of Gemma's life.

Zoe and Marcus exchanged contracts on their £298,000 house in Edinburgh on Monday. That same week, they created wills online with WUHLD—15 minutes each. By Friday, both wills were signed, witnessed, and stored safely. When they completed the purchase two weeks later, they had peace of mind knowing they were protected.

The difference between these outcomes came down to one week of action versus months of procrastination.

Real Stories: What Happens When Unmarried Couples Don't Make Wills

Maria and David were together 12 years. They bought a £420,000 house in London as tenants in common 50/50. David died suddenly at 42 from a heart attack, with no will.

His 50% share went to his parents under intestacy. David's parents wanted to help Maria but needed the money for care home fees. Maria couldn't afford to buy them out for £210,000.

She was forced to sell the home where she'd raised David's daughter from his previous relationship. David's daughter lost her childhood home. Maria lost everything they'd built together.

Ben and Alex were together eight years with a £380,000 house as joint tenants. Ben died in a car accident at 36, no will.

Alex inherited the house through joint tenancy. But Ben's £95,000 in savings, £25,000 car, and £180,000 pension all went to Ben's brother under intestacy.

Alex inherited a house worth £380,000 but lost £300,000 of other assets. If they'd married or created wills, Alex would have inherited everything.

The emotional toll extends beyond finances. Grief combined with legal battles and financial devastation destroys people. Many survivors describe the experience as losing their partner twice—once to death, once to the law.

One survivor explained: "We did everything together—raised kids, built a business, bought a house. But because we weren't married and didn't have wills, the law treated us like strangers."

These scenarios happen every day in the UK. The only difference between couples who survive these situations intact and couples who lose everything is a £99.99 will.

Complete Checklist: Protecting Your Property and Your Partner

Before You Complete Your Purchase:

  • Decide on ownership structure: Joint Tenants or Tenants in Common (most unmarried couples choose Tenants in Common)
  • If Tenants in Common: agree on percentage split that reflects deposit contributions
  • Instruct solicitor to register you as Tenants in Common on title deeds
  • Create Declaration of Trust documenting financial contributions and ownership percentages (cost: £300-£750)
  • Create your will leaving your property share to your partner (WUHLD: £99.99, 15 minutes online)
  • Ensure partner creates will leaving their share to you (mirror wills)
  • Sign and witness both wills before completion date
  • Arrange life insurance to cover mortgage (decreasing term insurance averages £29.75/month)
  • Write life insurance policies in trust for your partner
  • Update pension nomination forms to name your partner as beneficiary

Within First Month of Moving In:

  • Store your wills safely and tell your partner where they are
  • Give copy of your will to your executor if not your partner
  • Store Declaration of Trust with your will and property deeds
  • Review life insurance coverage adequacy
  • Add partner as joint account holder on utility bills (creates evidence of cohabitation)
  • Consider creating Lasting Power of Attorney for property and health decisions

Every Year:

  • Review your will—do you need updates?
  • Review life insurance—does it still cover your mortgage?
  • Review property value—has it increased significantly?
  • Review Declaration of Trust—do you need updates for unequal contributions?

After Major Life Events:

  • Update will if you marry or enter civil partnership (marriage revokes existing wills)
  • Update will if you have children
  • Update will urgently if you split up with your partner
  • Update will if your partner dies
  • Update will after significant home improvements
  • Update will if you inherit money or buy additional property

Frequently Asked Questions

Q: Do unmarried couples have inheritance rights when buying a house together in the UK?

A: No, unmarried couples have zero automatic inheritance rights under UK intestacy law. If you die without a will, your unmarried partner will not inherit anything—even if you've lived together for decades or own property together. Only married couples and civil partners have automatic inheritance rights.

Q: What's the difference between joint tenants and tenants in common for unmarried couples?

A: Joint tenants means you both own 100% of the property together, and if one dies, the other automatically inherits. Tenants in common means you each own a specific share (50/50 or any split), and your share goes to whoever you name in your will—not automatically to your partner. Most unmarried couples choose tenants in common for greater control.

Q: Can my unmarried partner inherit our house if I die without a will?

A: Only if you own the property as joint tenants. If you own as tenants in common (most unmarried couples), your share will go to your family under intestacy rules—not your partner. Your partner would need to make a costly legal claim to potentially inherit anything, with no guarantee of success.

Q: How much does it cost to protect my partner when buying a house together?

A: A will costs £99.99 with WUHLD (vs £650+ for a solicitor). A declaration of trust costs £300-£750 to document each person's share and financial contributions. Combined, these protections cost around £400-£850 total, far less than the legal battles and inheritance tax bills your partner could face without them.

Q: Do I need a declaration of trust and a will when buying a house with my unmarried partner?

A: Yes, you need both. A declaration of trust documents who owns what percentage and what happens if you split up. A will ensures your share goes to your partner (or anyone you choose) when you die. Without both, you risk losing everything—either during breakup or bereavement.

Q: What happens to our mortgage if my unmarried partner dies without a will?

A: You're still liable for the full mortgage, but you may not inherit your partner's share of the property. Under intestacy, their share goes to their family. You could be forced to sell the house to pay their family, while still owing the mortgage. Life insurance and a will are essential protections.

Q: Can I write my partner into my will after we buy our house, or do I need to do it before?

A: You can write your will anytime—before or after buying. However, it's best to do it before completion because if something happens between exchange and making your will, your partner inherits nothing. Many conveyancing solicitors recommend creating your will during the purchase process.

Conclusion

Buying a house together is one of the most exciting milestones in a relationship. You're building a future, creating a home, and making the biggest financial commitment of your lives together.

Key takeaways:

  • Unmarried couples have zero inheritance rights—without a will, your partner inherits nothing even after decades together
  • Joint Tenancy isn't enough—your partner doesn't inherit savings, cars, investments, or pensions without a will
  • Tenants in Common without wills is dangerous—your property share goes to family, forcing your partner to buy them out or sell
  • Protection costs less than one mortgage payment—£99.99 will plus £300-£750 declaration of trust plus ~£30/month insurance
  • Create your wills between exchange and completion—don't wait until "after we've settled in"

Don't let outdated UK law put everything you're building at risk. Your partner deserves to inherit the home you're creating together.

Create your will and protect your partner today. With WUHLD, it takes just 15 minutes online.

For £99.99 (vs £650+ for a solicitor), you'll get:

  • Your complete, legally binding will
  • A 12-page Testator Guide
  • A Witness Guide
  • A Complete Asset Inventory document

You can preview your entire will free before paying anything.

Preview Your Will Free – No Payment Required

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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