How is relationship property dealt with when a spouse dies?
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How is relationship property dealt with when a spouse dies?

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13.09.2026

My husband recently passed away, and we owned our house and other property together. I am unsure whether I simply keep everything as the surviving partner or if the estate has some claim over it. How does this work?

Site Administration 16.09.2026
reply date: 16.09.2026

When one partner dies, the surviving partner generally has a choice under the Property (Relationships) Act 1976. You can choose to apply for a division of relationship property as if the relationship had ended by separation, which usually gives you half of the relationship property, or you can choose to take what is provided for you under the deceased's will or under the intestacy rules if there was no will, but not both. This election must generally be made within six months of probate being granted or letters of administration issued, so it is important to seek advice quickly to compare the outcomes. Options can be complex where there is a family home, a trust or a business involved. A lawyer can help calculate which choice gives a better outcome for you and file the necessary election.

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