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The Global Insight

What happens to the house when the first partner dies?

Author

John Hall

Updated on March 06, 2026

In this case they had agreed that each other’s share would automatically pass to the second partner on the death of the first, so they had bought the property as joint tenants and had both contributed what they could afford. At the time of purchase the couple had taken out a joint lives policy to cover the mortgage.

What happens to joint savings and investments in a cohabiting couple?

Where a cohabiting couple has joint savings and investments, they will be automatically passed on to a partner or account holder, when their partner dies. However, should the deceased have savings and investments in individual accounts, the cohabiting partner would have no right to claim.

What happens when a cohabiting partner dies in the UK?

Many cohabiting couples still believe that their rights are protected by ‘common law’, however, in the UK, this does not exist. This means that when there are cohabitation disputes or when one of the cohabiting partners dies, the other can be left shocked and surprised by their lack of rights.

What does it mean to live with your partner before marriage?

Cohabiting is when a couple lives together before marriage (or civil partnership). If you’re living with your partner, and you’re not married or in a civil partnership, you’re a cohabiting couple. You might want to consider getting a cohabitation agreement which would make things more straightforward in the event of splitting up.

What happens to the estate of an unmarried couple who dies?

He had never made a will, and therefore died intestate. The couple had never married or had any children. Under the intestacy rules, his partner had no automatic entitlement to any of his estate. Instead the estate was automatically inherited, in its entirety, by his two children who were still under 18.

What happens to property after a person dies?

If the property is registered and the person who died was the sole owner, then the personal representative will often either Assent (form AS1) the property to the person(s) who inherits it (beneficiaries) or Transfer (form TR1) the property to someone else.