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Your rights if the owner or co-owner of your home dies

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.

How do I work out my rights?

Your rights to stay in your home after someone you live with has died depend on whether or not:

  • you partly own the house in your own right
  • the person who died left a Will and, if so, what it says.

If you partly own the house along with the person who has died, this fact alone does not necessarily mean that you will automatically inherit the other share when the co-owner dies. Although it might seem a bit strange, it depends on the technical words used in the deed in your name and you will have to get a solicitor to check this for you. You can find out more about this in our section on title deeds.

If the person who has died has left a will, it will tell you who they want their personal belongings to go to after they have died. This could include the house you live in so it's important that you find out what the will says. If you want to know more about this, check out our section on wills.

How do I find out if I own part of the property or not?

If you own all or part of the house, your name will be on the title deeds. If you are not sure whether or not your name is on the title deeds, you need to get hold of them and take them to a solicitor, who will be able to look at them and tell you where you stand.

If you already have a solicitor, they should be able to tell you pretty quickly whether you have ownership rights in the house or not.

Scotland map Housing laws differ between Scotland and England.
This content applies to Scotland only.
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