We aren’t married. What happens if one of us dies?

Marcus and Leanne have lived together for 12 years. They have two children and own their home together, but they are not married or in a civil partnership.

They want to understand what could happen if one of them died before they had put clear arrangements in place.

They assume that, because they have built a life together, the survivor would automatically receive everything.

They are also unsure whether the way their home is owned changes the answer.

In England and Wales, the intestacy rules decide who can inherit when someone dies without a valid will. Living together does not give an unmarried partner the same automatic inheritance position as a spouse or civil partner under those rules.

A jointly owned home may be dealt with separately from the rest of the estate. What happens depends in part on whether the owners are joint tenants or tenants in common.

A will can set out who should receive assets that form part of a person’s estate.

Joint tenants have equal rights to the whole home. When one owner dies, the property automatically goes to the other owner and a share cannot be left by will.

Tenants in common can own different shares. A person’s share does not automatically pass to the other owner and can be left by will.

The ownership of the home and the intestacy rules are related but not the same thing. A home held as joint tenants passes automatically to the surviving owner; a share held as tenants in common does not.

That is why an estate plan is not only about a will. It can also involve understanding what is already owned, and how.

making or updating wills so their wishes are recorded; reviewing how their home is owned; and taking advice about arrangements for children or other people who rely on them.

Which of these is relevant depends on their wider circumstances and the documents already in place.

Changing ownership or writing a will is not a substitute for understanding the legal and practical consequences. The right route can depend on the property title, any mortgage, family arrangements and what each person wants to happen.

What if they marry or form a civil partnership? The intestacy position changes, but a will can still matter.

What if only one of them owns the home? The non-owner’s position may be different again, so the title and wider facts need checking.

Deeper Guides on wills and property ownership are in preparation. Until then, the GOV.UK sources below explain the current intestacy and joint-ownership rules.