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Your rights to stay in the home depend on whether you own your home or you are renting. If you are renting the type of tenancy you have is very important. This is a complex area of law. A local advice agency can help you work out your rights.
Only one of us owns the home
The house will pass to the person named in the will. If there isn't a will the home will be passed on to the nearest blood relative. The law on this is quite complicated.
You should get specialist legal advice since an unmarried partner may be able to claim to keep the home if s/he acts quickly enough.
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We both own the home
Your rights depend on whether or not you decide to buy as joint tenants or tenants in common. Most people buy as joint tenants. Contact the solicitor dealing with your house purchase if you aren't sure.
Joint tenants
The partner of the deceased person will automatically get the house. It cannot be left to anyone else as part of a will. However, the value of the home is counted for Inheritance Tax purposes.
Tenants in common
If one person dies their share goes to the person named in their will. If there isn't a will the home will usually pass to the nearest blood relative. The law on this is quite complicated. The solicitor who helped you buy your home can explain your rights to you.
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A private tenancy in one name
You don't have any right to stay in the property. You can ask the landlord to allow you to continue living there as a new tenant. The landlord doesn't have to do this and can ask you to leave by giving reasonable notice.
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A private tenancy in joint names
You can continue to live in the property on the same terms as before. This means that you will be allowed to stay in the property until the end of the tenancy agreement.
If you don't have a tenancy agreement your landlord could ask you to leave by giving at least 28 days' notice. Contact a local advice agency for more information if you are in this situation.
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Protected tenancy in one name
You can usually continue to live in the property, as long as you are the spouse / civil partner of the deceased and have spent the last six months living there as your main home. You may not be able to continue to live in the property if the person who has died was not the original tenant of the landlord.
This is a complicated area of the law. Contact a local advice agency for more information.
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Protected tenancy in joint names
The remaining tenant can continue to live in the property as a sole tenant. You don't have to sign for a new tenancy.
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Housing Executive or housing association tenancy in one name
You can continue to live in the property if you were the tenant's husband or wife and you lived in the home as your main home at the time of the death. A close relative may also be able to take on the tenancy if s/he lived with the tenant for at least 12 months before the tenant's death. A close relative includes:
- parents
- grandparents
- aunts or uncles
- nieces or nephews
- children
- grandchildren
- stepchildren
Unmarried partners may be able to continue living in the property if you lived together in the property for at least a year before the death. This can be complicated and you should contact a local advice agency if you are worried about this.
If a wife or partner succeeds to her husband's tenancy she may not be able to give the tenancy to her children when she dies.
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Housing Executive or housing association tenancy in joint names
The remaining tenant can continue to live in the property as a sole tenant. You don't have to sign for a new tenancy.
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Housing Associations (
