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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I'm a joint homeowner, mortgaged until 2024, my partner and

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I'm a joint homeowner, mortgaged until 2024, my partner and I are not married and I have a will detailing my children, aged 21 and 18, to get all I own when I pass. What happens if my partner who has no will passes before me? Do I get all the house, which is in joint names or does the fact we are not married change that? My partner has a son aged 21.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As regards ***** ***** it all depends on how you both are holding it as to what will happen if either of you were to pass on.

There are 2 ways in which a jointly owned property can be held- as Joint Tenants or Tenants in Common.

If you hold the property as Joint Tenants, the property will pass automatically to the survivor, even if you have made a Will, leaving your Estate to your children.

If you hold the property as Tenants in common, this means you both own a separate percentage share each in the property, and which percentage share can be left to whoever you nominate in your Will. Please note that as you are not married/have a civil partnership, neither of you are classed as legal next of kin for each other.

In your circumstances, it would be normal for you to hold the property as Tenants in common (so your children will eventually benefit from your percentage share), coupled with you both making Wills, including a proviso that the survivor is entitled to remain living in the property for as long as they wish. This way, as an example, you can leave your 50% share to your children, but if you were to pass first, your Partner can remain living in the property for as long as they wish.

I would therefore strongly advise that you see a local Wills Solicitor to make sure you both can put your Wills in order.

I hope this assists and sets out the legal position.

Please let me know if you require any further clarification.

Kind Regards


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