Dividing your property when you split up (“Relationship property”)
What happens to a couple’s property when one of them has died
Survivor must choose whether to apply for division under Property (Relationships) Act
Property (Relationships) Act 1976, Part 8
The Property (Relationships) Act also covers division of property when a relationship ends because a partner dies.
The surviving partner has to choose whether to apply for relationship property to be divided under the Act or whether to take what is left to them under the deceased’s will, if there is one, or under the intestacy rules in the Administration Act 1969, if there’s no will (see: “Challenging a will”).
If a surviving partner makes a claim under the Act, their claim comes before any other person’s claim under inheritance law. This means that one partner should not be able to give away the other partner’s share of relationship property in their will.
For more information about what happens to your partner’s property if they pass away, see: “Relationship property laws if your partner has died”.
