Losing a partner is an incredibly painful experience, filled with emotional challenges and complex life considerations. One pressing question that often arises during this difficult time is: “Can I continue living in my partner’s home after their death?” The answer largely depends on several factors, including ownership of the property, your relationship with your partner, and whether there are any surviving heirs or mortgage obligations. Let’s explore these aspects to provide clarity on this sensitive issue.
1. Understanding Property Ownership
The first question to answer is determining how the property is owned:
Sole Ownership
If your partner solely owned the home and did not leave a will, the property may go through Pennsylvania's intestacy laws. As an unmarried partner, you have no right to any portion of the home under the intestacy laws. Pennsylvania does not currently recognize common law marriage for unions formed after January 1, 2005. However, its possible that common law marriages that were established before that date could be recognized. You may end up in litigation with your partner’s heirs trying to prove your common law marriage. Another possibility might be proving you had an equitable interest in the home, such as having contributed to the mortgage or improvements made to the property. Neither is a good or economical option.
Joint Ownership
If you and your partner owned the home together, whether as joint tenants with right of survivorship or tenants in common, your rights may be different. You’ll need to review the deed and see what is states about why kind of joint ownership you have. In the case of joint tenancy with right of survivorship, the surviving partner automatically inherits the deceased partner’s share of the property, allowing you to continue living there without disruption. However, in a tenancy in common scenario, the deceased partner's share may pass to their heirs, which could complicate things. You’ll own your half of the property but you may have to buy your partners’ heirs out of the other half of the property.
2. Tenancy Rights
If you were renting the home together and your partner has passed away, Pennsylvania law provides certain protections for surviving tenants. Typically, tenants also have the right to continue living in the property as per the original lease. However, you should notify the landlord of your partner’s death, as the lease may require updates or changes based on the tenancy agreement. It’s advisable to review this document carefully and consult an attorney if you’re unsure of your rights.
3. Living Arrangements and Legal Considerations
Continuing to live in the home may also depend on other considerations:
Co-Habitation Agreements
We highly recommend that unmarried couples living in a home that one of them owns have a co-habitation agreement. These agreements cover not just the death of a partner but also break-ups, extended disability and other events of life. They can provide for an orderly transition out of the home, repayment of expenses each partner put into the home, sale of the home and division of the proceeds.
Estate Administration
If your partner had a will or trust, they could give you the right to continue living in the property even if they do not convey ownership to you. This might be as simple as giving you a specific time period to transition to a new residence. It could also allow you to remain indefinitely so long as you continue paying the bills.
Mortgage Obligations
If there is an outstanding mortgage on the property, determine if you will need to assume responsibility for payments. This is particularly important if you want to continue living in the home. Discuss with the mortgage lender about your options, as some lenders may allow you to take over the mortgage, while others may require the estate to be settled first.
Navigating life after the loss of a partner is profoundly challenging, and the legalities surrounding property ownership can add to the confusion. Understanding your rights in Pennsylvania regarding the continuation of living in your partner’s home is vital to making informed decisions during this difficult time.
If you find yourself in this situation, it’s advisable to consult with Fiffik Law Group’s experienced real estate and estate planning attorneys. We can provide tailored guidance based on the specifics of your situation and help you explore your options, ensuring you have the support you need as you move forward.