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INTESTACY · PROPERTY · ENGLAND & WALES

Who inherits the house when there's no will?

The answer depends on two things: how the property was owned, and who survived.

If the house was held as joint tenants, it passes automatically to the surviving owner — intestacy rules do not apply to it. If it was held as tenants in common or in one name alone, the deceased's share falls into the estate and the statutory order of priority governs who inherits.

A cohabiting partner who is not married or in a civil partnership has no automatic right to anything — regardless of how long they lived together.

England & Wales intestacy rules · read them on GOV.UK ↗
§1Ownership

First question: how was the property held?

The type of ownership determines whether intestacy rules apply to the house at all. Check the Land Registry title register — look at Section B (Proprietorship Register). If there is a restriction reading “No disposition by a sole proprietor…”, the property was held as tenants in common. If there is no such restriction, it was likely held as joint tenants.

Outside the estate
Joint tenants
The property passes automatically to the surviving owner under the right of survivorship. Intestacy rules do not apply to it and no grant is needed for the house itself. Update Land Registry using form DJP with a death certificate.
Into the estate
Tenants in common (or sole name)
The deceased's share — often 50% — falls into the estate. Nothing can be done with it until letters of administration are granted. Intestacy rules then determine who inherits that share.
Sole name: If the property was registered in one name only, it always enters the estate — even if the deceased lived there with a partner. A grant of letters of administration is required before any sale or transfer.
§2Intestacy order

Who gets what — the statutory order of priority.

The intestacy rules set a fixed priority under the Administration of Estates Act 1925 s.46. The statutory legacy of £322,000 — the amount a spouse or civil partner receives before the remainder is split — has applied since 26 July 2023.

1
Spouse or civil partner
Estate ≤ £322,000 (or no children): spouse inherits everything.
Estate > £322,000 with children: spouse takes £322,000 statutory legacy + all personal chattels + half the remainder. Children share the other half equally.
2
Children (or their descendants)
Inherit equally if no surviving spouse, or share half the remainder above £322,000 if there is. If a child died before the intestate, their children take their parent's share. Stepchildren have no right unless legally adopted.
3
Parents
Inherit equally if no surviving spouse or children. If only one parent survives, they take the whole estate.
4
Siblings (whole blood, then half blood)
If no surviving spouse, children, or parents. Half-blood siblings inherit only if there are no whole-blood siblings.
5
Further relatives / the Crown
Then grandparents, uncles and aunts, half-uncles and aunts. If no qualifying relative can be found, the estate passes to the Crown as bona vacantia.
Cohabiting partners inherit nothing. Living together — for any length of time — gives no right to the estate. A partner can apply under the I(PFD)A 1975, but success is not guaranteed and litigation is expensive.
§3The house in practice

Three common scenarios — what actually happens.

Spouse survives, no children
The spouse inherits everything — estate size does not matter when there are no children. The house can be transferred to the spouse once letters of administration are granted. No share goes elsewhere and no sale is forced.
Spouse survives with children — estate over £322,000
The spouse takes £322,000 statutory legacy, all personal chattels, and half the remainder; children share the other half. A house worth well above £322,000 can create practical tension — but the spouse's right of appropriation (Intestates' Estates Act 1952, Sch. 2) lets them elect to take the house as their share, paying any excess to the estate. This right must be exercised within 12 months of the grant.
No spouse — children or parents inherit
Children inherit in equal shares. If the house passes to multiple beneficiaries who cannot agree, any one of them can apply under TLATA 1996 s.14 for a court order for sale — expensive and time-consuming, but available as a last resort. Early advice almost always finds a better path.
§4Common questions

Frequently asked

No. A cohabiting partner inherits nothing under intestacy, regardless of how long you lived together. Only a married spouse or civil partner has statutory inheritance rights.

Your partner could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this is uncertain, costly, and not guaranteed. The solution is a will naming them as beneficiary — without one, they have no automatic right to the house or anything else.
That depends on whether you held as joint tenants or tenants in common. Joint tenants: the house passes automatically to the surviving owner — probate is not needed for it, though you must notify Land Registry using form DJP and attach a death certificate.

Tenants in common: the deceased's share enters the estate and cannot be dealt with until letters of administration are granted.
Yes — through the right of appropriation under the Intestates' Estates Act 1952, Schedule 2. A surviving spouse or civil partner can elect to take the matrimonial home as part of, or in full satisfaction of, their entitlement, even if it exceeds the statutory legacy.

If the house is worth more than their total share, they pay the difference to the estate. This right must be exercised within 12 months of the grant of letters of administration.
The house forms part of the estate and cannot be sold or transferred until letters of administration are granted. You apply to the Probate Registry using form PA1A (no will).

Once the grant is issued — typically 16–20 weeks — the administrator can sell, assent (transfer), or otherwise deal with the property.
Only if the net estate exceeds £322,000. Below that, the spouse takes everything. Above it, the spouse takes £322,000 (statutory legacy), all personal chattels, and half of the remainder.

Children share the other half equally. If a child has already died, their children step into their place.
If children inherit a fractional share alongside the surviving spouse, they cannot force an immediate sale. The spouse's right of appropriation (Intestates' Estates Act 1952) is the cleanest resolution.

If that right is not exercised and the family cannot agree, any beneficiary can apply under TLATA 1996 s.14 for an order for sale. Courts weigh the purpose of the trust and the welfare of any occupying family member. This is expensive and almost always avoidable with early legal advice.

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Related next steps
The full intestacy picture
Money, order of inheritance, who's left out→
Letters of administration
No will — who applies and how→
Probate without a solicitor
DIY guide to the five-step process→
Joint bank account on death
Survivorship rules for bank accounts→
Probate or letters of admin?
Which grant you actually need→

Informational, not legal advice. Intestacy rules apply to England and Wales. Figures verified against GOV.UK on 22 Aug 2026.

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