Get A FREE Consultation!
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Menu
If my partner has died, can I stay in the house?
In this article, you’ll learn about:
Let’s dig in.
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
When your partner dies, you can stay in the house if you owned it in joint tenancy.
You will have survivorship rights and own 100% of the property.
Let’s say you owned it in tenants in common.
In this case, their portion of the property will go to their beneficiaries.
Let’s say there was no co-ownership.
In this case, you will not be able to stay in the house when your partner dies.
You’ll have to move out during the probate process.
How long a partner can stay in the house after the owner’s death depends on things like:
Either you’ll:
Let’s say the surviving partner has a legal right to stay in the house.
They may be able to continue living there without interruption.
For example, if the surviving partner were a joint owner of the property.
They can continue living there after the other owner’s death.
This is because the property automatically transfers to them on the death of a partner.
But, let’s say the surviving partner does not have a legal right to stay in the house.
They may be required to vacate the property within a certain period of time.
Here are some examples of states and how long a partner can stay in the house.
You’ll need to read the local state laws on how long you can stay in the house.
Search for things like:
These searches should get you started.
After that, you may need to consult a probate attorney.
This table explains the differences in rights between
Spouses are individuals who are legally married.
And non-spouse partners are in a committed relationship but are not married.
The chart highlights several legal rights spouses have, but non-spouse partners don’t.
One of the most significant differences is the right to stay in the marital home.
When a spouse passes away, the surviving spouse has the right to stay in the marital home.
But a non-spouse partner does not have this right.
This can be particularly difficult for non-spouse partners who:
| Right | Spousal Rights | Non-Spouse Partner Rights |
|---|---|---|
| Right To Stay In The Marital Home | ✓ | X |
| Right To An Elective Share | ✓ | X |
| Right To Inherit | ✓ | X |
| Right To Receive Social Security Benefits | ✓ | X |
| Right To Receive Pension Benefits | ✓ | X |
| Right To Access Joint Accounts | ✓ | X |
| Right To Make Funeral And Burial Decisions | ✓ | X |
| Right To File Wrongful Death Lawsuit | ✓ | X |
| Right To Intestate Succession | ✓ | X |
| Right To File Estate Tax Return | ✓ | X |
Here are some survivorship rights of a spouse that may vary by state:
Right to make funeral and burial decisions. The surviving spouse has rights to make decisions for the funeral and burial arrangements.
Non-spouse partners do not have the same survivorship rights as a spouse.
But, situations where a non-spouse could have rights:
The ownership can determine the right of a partner to stay in the home after the other owner’s death. There are several types of ownership structures that may apply, including:
Joint tenancy is co-ownership where people own the property together.
When one owner dies, their share automatically passes to the surviving owner.
And this happened without going through probate.
In joint tenancy, each partner has:
When one owner dies, the other partner automatically inherits that share of the property.
Let’s say a partner owns the property in joint tenancy with their deceased partner.
The surviving partner will have the right to stay in the house.
Tenancy in common is another form of co-ownership.
In a tenancy in common, each owner has a specific percentage interest in the property.
And they can sell or transfer their share without the other owner’s permission.
When one owner dies, their share of the property passes to their heirs via probate.
And it does NOT automatically to the other partner.
Let’s say a spouse owns the property in a tenancy in common with their deceased partner.
The surviving spouse may still have the right to stay in the house.
But this will depend on the specifics of the situation.
The probate process will determine your right to stay in the house after your partner’s death.
If your partner had a will, the property gets distributed per their wishes.
If they did not have a will, the property gets distributed per the intestacy laws.
Let’s say the property is subject to probate.
It may take some time before the distribution gets finalized.
This can affect your ability to stay in the house.
And it could give you some extra time in the house.
The property may need to get sold to pay off debts or distribute assets to heirs.
This would result in you needing to vacate the property.
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Need to keep your money and property safe? We help make sure your hard-earned assets are protected. Our team knows how to create plans that guard against lawsuits and creditors. We work to keep your wealth safe for you and your family’s future.
This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice. Check out our privacy policy.