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What would happen to our home if I died?

September 14, 2020

Q: Would my partner become the sole owner of our home if I died?

Couple living in their own homeA: Not necessarily. If both your names are listed on the title document, with no mention of shares, this means you own the home together as ‘joint tenants.’ In this case, your partner would take full ownership of the property if you died, regardless of what your Will states.

But if you own the home as ‘tenants in common’ (i.e. the title refers to shares, either 50/50 or unequal), the property would be dealt with as detailed in your Will or according to the Administration Act if you don’t have a Will.

If you own the property as tenants in common, it’s important to make sure you have a valid Will that deals with this scenario.

Note: This post is brief and general in nature. You should not treat it as legal advice and should seek professional advice before taking any action in relation to the matters dealt with in this post. Armstrong Murray accepts no liability for losses suffered by any person or organisation who may rely directly or indirectly on this post.

Filed Under: News, Personal law

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