Guide
If you own your home jointly, do you still need a will?
How you own your home decides who gets your share when you die. For many couples, it overrides the will completely, which is not always what they expect.
Last reviewed 2 November 2026. General information, not legal advice. All guides
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Two ways to own a home together
- Joint tenants. You each own the whole property. When one owner dies, it passes automatically to the survivor, whatever the will says.
- Tenants in common. You each own a defined share, often half. Your share passes under your will.
Why it matters
If you are joint tenants, everything goes to the survivor, who can then leave it to anyone. That can leave children from an earlier relationship with nothing. See our guide on blended families. For unmarried couples, joint tenancy protects the survivor, because cohabiting partners have no automatic inheritance rights.
Changing how you own it
You can convert a joint tenancy to a tenancy in common by serving a written notice on the other owner, then registering it at HM Land Registry. A Property Protection Trust in your will needs your share to be held as tenants in common. A conveyancer can arrange the change for you.
You still need a will
Joint accounts and homes may pass automatically, but a will still decides everything else: other savings, possessions, executors, guardians for your children and what happens after the survivor dies.
Quick answers
Common questions
How do I know if I am a joint tenant?
Check the title register at HM Land Registry, or ask the conveyancer who handled your purchase. If the register carries a restriction, you are usually tenants in common.
Can I change to tenants in common without my partner's agreement?
Yes, by serving written notice on them, but it is usually best to talk to them first, because it affects both your plans.
Do I need a will if everything is owned jointly?
Yes. Joint ownership only covers jointly owned assets, and only until the second death. A will covers everything else.
Keep reading
Related guides
What is a Property Protection Trust, and how does it work?
A trust in your will that protects your home for your family.
Do unmarried couples need wills?
Why living together gives your partner few automatic rights.
How should blended families make wills?
Protect your partner and your children from a first relationship.
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