What Happens to the Family Home?

Colin Barrett
Nov 24, 2025
2 min read

For most families, the home is more than bricks and mortar. It is the place where children grew up, where memories were made, and where the people you love feel safe.

That is why one of the most common questions in estate planning is very simple.

"What actually happens to the family home when someone dies?"

Many people assume the answer is automatic. In reality, what happens next depends on two things. How you own the property, and what your Will or lack of a Will says.

How the property is owned

There are two ways for couples to own a home together in England and Wales.

Joint tenants

If you own as joint tenants, the whole property passes automatically to the surviving owner. It does not matter what your Will says. There is no choice or flexibility, and the house does not form part of your estate for that moment in time. Many couples choose joint tenancy without realising what it means years later.

Tenants in common

If you own as tenants in common, each person owns a share. Usually fifty fifty. Your share can pass under your Will to whoever you choose. That could be your partner for life, or it could be held safely for your children if something happens to both of you in the future.

This small distinction has a huge effect on who inherits the family home, and whether you can protect it for the long term.

Common traps that catch families out

1. Remarriage and sideways disinheritance

If the surviving partner meets someone new, marries or moves in with them, the home can be exposed. Children from the first relationship can lose out entirely, even if the original couple never intended that to happen. This is one of the most common and painful outcomes in modern estate planning.

2. Assumptions that a Will automatically protects everyone

A simple mirror Will rarely offers long term protection for the family home. Without the right structure in place, the property can move out of the family line very easily.

A kinder, safer way to plan

With the right planning, you can protect the home for your partner for life while still keeping it reserved for your children in the long run. This usually involves placing your share of the home into a trust in your Will. The surviving partner keeps full use and enjoyment of the property for life, but they cannot accidentally divert it away from your chosen beneficiaries.

This keeps the family home secure and prevents the unintended outcomes that catch so many people by surprise.

If the home matters to you, make a plan now

Winter is a natural moment to think about security and family. If you want to make sure the family home is protected in the way you intend, now is the time to review your Will and the way your property is owned.