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What Happens to Your House when You Die?

What happens to the house depends how you and your partner own it!

Many people are completely unaware of exactly how their property is currently owned and the devastating effect the wrong type of ownership can have on those they care about after their demise.

Sole ownership – As the sole owner of the home, if you die without having a valid Will in place, then the Rules of Intestacy will apply and your partner / those you were living with, might find themselves homeless.

If you and your partner own the property jointly, then this is where it becomes slightly more complicated as there is more than one way to do this.

Joint ownership – Here both parties jointly own the whole of the property. On first death, the property automatically transfers to the surviving co-owner. This may be exactly what you had intended, but this can cause later issues for the surviving partner or spouse.

Tenants in Common – This is where each party owns a definitive share of the property, usually 50/50. In this situation, if one person dies without a Will in place then their share of the house would not automatically transfer to the surviving owner. Instead it would pass into their estate and be inherited by their next of kin under the Rules of Intestacy. This could mean that the surviving owner now finds that ownership of their house is shared with relatives of their late partner.

On first death, their share of the property passes to their estate and could mean the surviving partner now owns the house with relatives of the deceased.

Your home is probably the most valuable asset you own, so it’s vital that you have a say over what happens to it when you die.

Make sure you KNOW what will happen to yours by calling me today on +44 7831 379562 (UK) or +34 622 374 738 (Spain), or email me at

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