If a Spouse Dies What Happens to the House?

When your spouse passes away, the law ultimately decides what happens to their house.

However, the law’s decision depends on several factors.

Let’s look at these factors and how they can affect you.

Probate process

When someone passes away, a probate process exists to manage their estate.

This begins with a Grant of Probate being established and ends with the entire estate being distributed.

How long the probate takes depends on the complexity of the case, which usually means the number of beneficiaries, properties, etc.

There are many questions surrounding probates, including:

Whether or not someone has the right to live in a property during probate
Whether or not a probate can be emptied
What happens to mortgage payments during and after probate
Exactly how long after probate is granted can property be sold

And more.

Ultimately, the probate will answer these questions (via the executor or administrators appointed to handle it).

Dying without a will

When someone passes away without leaving behind a valid will, it is referred to as intestacy.

An intestacy prioritises beneficiaries of the deceased’s estate in the following order:

Spouse or civil partner
Children or grandchildren (blood siblings have equal rights to estates regardless of their relationship with the deceased)
Parents

So, as the surviving spouse, you should be able to acquire the house as your inheritance.

Definition of spouse

A spouse means a legally married husband or wife.

Some people use the word interchangeably with ‘partner’ (i.e., unmarried boyfriend, girlfriend or fiance). This usage is fine in social contexts, but it’s not accepted in law.

Unmarried partners

If you were not married or in a civil partnership with your partner, you will receive nothing if they do not leave a will.

This rule typically applies regardless of the nature or length of a relationship.

In some exceptional circumstances, unmarried partners can apply for financial provision from the estate.

However, these are case-specific and must be explored with a legal professional.

Joint tenants

If you own a home with your spouse as joint tenants and have a joint bank account, property ownership will automatically be passed directly to you when they pass away.

You can then remain in the home or sell it if you cannot afford any outstanding mortgage.

Tenants in common

As tenants in common, you and your other half would have owned a share of the property each. This could be an even (50/50) or disproportionate split.

If you, as the remaining spouse, are named in the title deeds, you have legal rights to the property regardless of your share.

Married partners

If you were married to your partner you will likely inherit their entire estate, including their property, regardless of any children.

Separated partners

Even if you were separated at the time of death, if you are married but not divorced, you will likely inherit all your ex-partner’s assets.

This is because you are still legally their husband or wife.

Children and grandchildren

If you and your spouse were unmarried and did not leave a will, all assets will be passed on to their children or grandchildren (if they had any).

There have been circumstances in the past where parents have had to sue their children to secure an inheritance for themselves upon the death of a spouse.

If you and your partner were married any children and grandchildren will receive inheritance based upon the law.

Dying with a will

If your spouse has left a will, their wish is legally binding.

However, it may have been shared between yourself and any children or yourself and another beneficiary.

If your spouse left a will but did not detail specifics about your home, the beneficiaries and the executors of the estate will decide what should be done.