If the owner of your home dies

This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

This section looks at your rights if you and/or someone you live with owns your home and they die. This will depend on various different things including your relationship to the person, whether you own a share of the home, and whether or not they have left a Will. This situation can be complicated, and you'll probably need a solicitor to tell you where you stand.

About your rights

This page explains how you can work out what your rights are if the person you live with dies and they own or co-own your home.

Checking the title deeds

If you own your home jointly with another person and that person dies, you need to check the title deeds to the property to find out whether or not you will automatically inherit their share. This page explains what title deeds are, how you can get hold of them and what the language used in the deeds means.

Wills

This page looks at your rights if the person who owned the home you live in left a will when they died. It explains how to find out what the will says and what this can mean for you. It also looks at what your situation may be if they didn't leave a will. You will need a solicitor to help you work out what you're entitled to.

Intestacy

If someone dies without leaving a will, this is called intestacy. There are complicated legal rules that will determine what your rights are. This section will give you an idea of what intestacy is and also how you can work out whether or not you have any rights to the house.

Paying for your home

If someone in your household dies and you find out that you do have a right to keep staying in the property, it's really important to make sure that you can afford to pay for it yourself. This page looks at what you can do about the mortgage.


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