Married and Own Your Home? Your Spouse May Not Automatically Inherit It
One of the most common misconceptions in estate planning is that if you’re married, your spouse will automatically inherit your share of the family home when you die.
Unfortunately, that isn’t always the case.
The key question is how your property is owned and whether you have a valid Will in place.
Joint Tenants or Tenants in Common?
If you own your home as joint tenants, your share will usually pass automatically to the surviving owner through the right of survivorship.
However, if you own as tenants in common, your share forms part of your estate when you die. It does not automatically pass to your spouse.
Instead, your share will be dealt with under your Will or, if you don’t have one, under the intestacy rules.
What Are the Intestacy Rules?
The intestacy rules determine who inherits your estate if you die without a valid Will.
Many people are surprised to learn that a surviving spouse does not always inherit everything.
If you leave a spouse and children, your spouse will currently receive:
- Your personal possessions;
- The first £322,000 of your estate; and
- Half of anything over £322,000.
The remaining half of anything above £322,000 passes to your children.
This can produce unexpected results, particularly where a substantial part of your estate consists of your share of the family home.
A Simple Example
John and Sarah own their home as tenants in common, each holding a 50% share.
John dies without a Will, leaving Sarah and two children. His 50% share of the property forms part of his estate rather than passing automatically to Sarah.
If John’s estate exceeds £322,000, the intestacy rules mean that his children could become entitled to part of the estate. This may be very different from what John intended and could create complications for Sarah in the future.
Why Making a Will Matters
A Will allows you to:
- Decide who inherits your assets.
- Ensure your spouse is adequately provided for.
- Protect your children and other beneficiaries.
- Avoid unintended consequences under the intestacy rules.
- Reduce the risk of disputes after your death.
Most importantly, it allows you, rather than the law, to decide what happens to your estate.
The Bottom Line
Being married does not guarantee that your spouse will automatically inherit your share of the family home.
If your property is owned as tenants in common and you die without a Will, your share may pass according to the intestacy rules, potentially meaning that your children inherit part of your estate rather than everything passing to your spouse.
A simple review of how your property is owned, together with a professionally drafted Will, can provide certainty for your family and help ensure your wishes are carried out.
If you are unsure whether you own your home as joint tenants or tenants in common, or whether your current Will reflects your wishes, now is the perfect time to seek advice. Our experienced Private Client team can review your circumstances, explain your options and help ensure your wishes are properly reflected in your Will. Contact HGW Solicitors today to arrange an appointment.
Frequently Asked Questions
Not necessarily. Whether your spouse automatically inherits your share of the home depends on how the property is owned. If you own the property as joint tenants, your share will usually pass to the surviving owner automatically. If you own it as tenants in common, your share forms part of your estate and will pass under your Will or, if you do not have one, under the intestacy rules.
If you die without a valid Will, the intestacy rules determine who inherits your estate. Your spouse may not automatically inherit everything, particularly if you also have children. The outcome will depend on the value and circumstances of your estate.
With joint tenants, the property is generally owned jointly and the deceased owner’s share usually passes automatically to the surviving owner. With tenants in common, each owner has a separate share of the property. When one owner dies, their share forms part of their estate and is dealt with under their Will or the intestacy rules.
Yes, depending on the circumstances and value of your estate. If you own the property as tenants in common and die without a Will, your share forms part of your estate. Where there is a surviving spouse and children, the intestacy rules can result in children becoming entitled to part of the estate.
A professionally drafted Will can set out what should happen to your estate when you die. It is also important to understand how your property is owned, as this can affect what happens to your share. Legal advice can help ensure your property ownership and Will work together with your wishes.
Yes. Marriage does not necessarily mean that your spouse will inherit everything you own. A Will allows you to specify who should inherit your assets and can help provide greater certainty for your spouse, children and other beneficiaries.
