Surviving joint owner spouse or civil partner

 All joint property is owned in one of two ways: as joint tenants, or as tenants in common. See our guide “Joint tenants and tenants in common: the difference”.

Joint tenants

If the deceased owned assets as joint tenants with a surviving spouse or civil partner, those assets will pass automatically to the spouse or civil partner.

They are exempt from inheritance tax as a result of the spouse or civil partner exemption. For inheritance tax purposes, the value of the deceased’s share does not count towards the value of the estate.

Tenants in common

If the deceased owned assets as tenants in common, the deceased’s share will pass according to his or her will or the rules of intestacy. The surviving co-owner may be the deceased’s spouse or civil partner, but they will not necessarily receive the deceased’s share. It does not pass to the survivor automatically.

The deceased’s share will be exempt from inheritance tax if - in accordance with the deceased’s will or intestacy – it is passing to a surviving spouse or civil partner or a charity. Otherwise, it may be subject to inheritance tax.

Joint tenants or tenants in common?

See our guide “How to tell if a house is owned as joint tenants or tenants in common”.